Lawyer Paulo Giancaterino said police used excessive force in the arrest of his client, Michel Larocque.
Ottawa police are being hit with more cellblock abuse allegations, this time from a man who claims he was put in a "choke-hold" while in police custody.
Michael Larocque, now 31, is facing charges related to an alleged assault in the early morning of Sept. 12, 2010.
His lawyer Paolo Giancaterino is seeking to have those charges stayed sighting police abuse during Larocque's time in the cellblock.
A charter application, to be filed in court when the trial begins May 22, claims there is video of one officer grabbing Larocque's left hand and pulling it from behind.
The claim goes on to say a second officer grabs the man's right hand and pulls it back before deciding to release "the applicant’s right hand and places his hands around his head and neck in a choke-hold".
The application also alleges while Larocque was held in a choke-held, the officer delivered "an upper-cut punch to the applicant's face". 21. Larocque then said he was "dragged to his cell in a full choke-hold".
The defence said Larocque suffered physical injuries to his face, eye, neck and arms caused by officers. Pictures to be filed as evidence show a black eye and bruises, as well as a cut to the man's arm.
"The level of force used was shockingly excessive and completely disproportionate to the situation," the application reads, adding he was "incapable of defending himself and offered no resistance to the officers’ repeated blows".
None of these allegations have been proven in court.
Larocque's case comes just over a year after Ontario’s Special Investigations Unit charged Sgt. Steven Desjourdy in the cellblock strip search of an Ottawa woman in September 2008.Ontario Provincial Police also investigated six cellblock abuse allegations of Ottawa police but cleared the force in all cases.