***Man allegedly punched in face and arrested after refusing to comply with officer's request for identification

Item

Incident Title
***Man allegedly punched in face and arrested after refusing to comply with officer's request for identification
Incident ID
221000
Incident Description
Dzioba was criminally charged with Assault during an on-duty incident occurring in 2002, and was acquitted in 2004.
Three EPS officers were sued in civil court regarding allegations of Charter Rights Infringement and other counts of misconduct during an on-duty incident occurring in 2005.
Hudec unlawfully tasered a 15 year old accused of breaking and entering, following a strip search in 2006. While the Court held that the arrest and strip search were justified, the Court held that Hudecs actions were a shocking abuse of police powers, and that his use of the taser violated the Accused's s7 right to security of person and s12 right against cruel and unusual punishment. The Court deemed the use of the taser "police misconduct so egregious... that going forward with prosecution would be offensive." A stay of prosecution was granted.
In a statement of claim filed in 2008, Hudec and two other officers were alleged to have engaged in a vicious assault, including the use of a taser, upon a plaintiff after the plaintiff was ordered to exit a vehicle at gunpoint. The Plaintiff also alleged that he was unlawfully detained, searched, and charged with offences, which were later withdrawn.
Dzioba retired and turned in his badge prior to a 2012 disciplinary hearing regarding allegations of unlawful or unnecessary exercise of authority and deceit occuring during an incident in 2009.
In a 2011 criminal case, Hudec was found to have breached the Accused's Charter Rights under s10(b) by failing to provide the Accused with information about duty counsel and legal aid systems, as well as failure to issue a Prosper warning. In the same 2008 incident, Hudec was also found to have breached the Accused's s9 rights by detaining him arbitrarily and arresting him unlawfully.
Incident Date
2002
Incident City
Edmonton
Type of Abuse
Physical violence; Arrest
Victim Gender
Man
Authority Involved
Edmonton Police Service
Officer Name
Trevor Dzioba
Officer Badge Number
1623
Court Cases
https://www.policemisconductdatabase.ca/officer/o-mIvgnP6apmrXbC
Submission Source
External Database Import
Submission Source Affiliation
Alberta Police Misconduct Database
Collection
Alberta Police Misconduct Database
Additional Details
i-00kuSNbAeBdPQO
Multimedia Type
Other document
Archive Publication Date
July 31, 2022
Archive Last Update
July 31, 2022
Tags
Charter; misconduct; on-duty; assault; abuse of authority; deceit
Confidentiality/Restrictions
From published source
Complaint Resolution
civil suit; criminal charge; disciplinary hearing; retired

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