Richmond RCMP are facing a $350,000 lawsuit for wrongful arrest

A woman arrested outside her Richmond home in her pajamas and slippers is suing Richmond RCMP, accusing them of forcibly detaining her.

Xiao Hong Xiao is seeking a total of $350,000 from Richmond RCMP and a police officer responsible for her case in a civil lawsuit filed April 30 in the BC Supreme Court.

According to the lawsuit, the incident occurred on March 17, 2022, when police responded to what Xiao claims was a “malicious and inappropriate call to 911” claiming she owned a gun.

“Upon arriving at (Xiao’s) home, the defendants, fully armed and without adequate justification, pointed firearms at (Xiao), took (Xiao’s) cell phone, handcuffed (Xiao) and forcibly detained (Xiao in a police car) ” reads the lawsuit.

Xiao claims that at the time of the arrest, she left her house, dressed in pajamas and slippers and with her cell phone in hand, “preparing to take some photos of (a) natural scene as she would on a normal day would do.”

She further claims that police searched her home “without obtaining consent or presenting evidence to justify such actions” and that she was released without charge after an hour.

“Throughout the entire process, (Xiao) had no opportunity to ask questions, explain her situation, or address the allegations against her,” the lawsuit states.

According to Xiao, on March 28, 2022, about two weeks after the incident, she went to the Richmond RCMP Community Police Office on Granville Avenue to file a report with video and audio evidence of what happened and requested that the police review her case to investigate.

She also asked police to hold the person who allegedly called 911 accountable.

“The defendants took no further action to investigate and did not provide (a response) to (Xiao’s) request on March 28, 2022,” the lawsuit reads.

Xiao further stated that she had called and emailed Richmond RCMP in December 2023 to follow up on the investigation results and request a copy of the police report, but was reportedly advised to instead submit a request for access to information and privacy.

She claims police used excessive force and violated her rights and is asking the court for a declaration that Richmond RCMP’s actions were “unlawful and unconstitutional.”

Xiao is seeking damages, including $200,000 for emotional distress, trauma and discomfort, $50,000 for financial losses such as medical costs, consultancy fees and loss of income, and $100,000 for serious misconduct.

The Richmond News reached out to Richmond RCMP for comment but did not hear back before publication deadline.

None of the claims have been proven in court.

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