A woman from Tataskweyak Cree Nation is taking legal action against the City of Winnipeg and two police officers following the death of her common-law partner during an incident with Winnipeg police. Elias Whitehead, aged 37, encountered officers near Sherbrook Street and Broadway in Winnipeg on October 15, 2023.
The Independent Investigation Unit of Manitoba, investigating Whitehead’s in-custody death, stated that officers responded to a report of a man behaving erratically in traffic in the West Broadway area before 11 p.m. Whitehead experienced breathing difficulties during his arrest and was attended to by Winnipeg Fire Paramedic Service personnel who were nearby for an unrelated incident. Despite receiving medical care, Whitehead was pronounced dead upon arrival at Health Sciences Centre.
Video footage captured by a witness documented Whitehead’s arrest, showing an officer identified as Pat Doe escorting him with empty hands behind his back in compliance. Allegations in the lawsuit claim that Whitehead was forcefully slammed against a police vehicle by one officer and thrown to the ground by another, who proceeded to punch and knee him repeatedly. The lawsuit asserts that Whitehead sustained a fatal injury due to the officers’ excessive use of force.
The legal claim argues that Whitehead posed no immediate threat to the officers, was compliant and unarmed, and was subjected to forcible confinement and physical force without justification or consent. It further accuses the officers of racial profiling based on Whitehead’s Indigenous heritage. The lawsuit, filed by Jody Beardy, a teacher from Tataskweyak Cree Nation, seeks damages on behalf of herself and Whitehead’s family members.
The City of Winnipeg has not yet responded with a statement of defense, and the Winnipeg Police Service declined to comment on the ongoing lawsuit. Martin Pollock, Beardy’s attorney, expressed the profound impact of Whitehead’s death on his client and highlighted the distress caused by witnessing the video footage of the arrest. Pollock emphasized the shock and questions that arose from observing the events leading to Whitehead’s death, urging reflection on whether the outcome would have been different if not for the use of force during the arrest.
