Victoria Police Department disputes lawsuit filed by cyclist hit by police car

The Victoria Police Department (VicPD) is contesting a small claims lawsuit brought by a cyclist who was knocked off an e-bike by a police car during an attempted traffic stop in January 2023 after the rider ran a red light.

Alkido Pashollari’s lawsuit seeks total damages of $16,500, including $10,000 for pain and suffering, $3,500 for the bicycle and $3,000 for lost wages after he missed work for two weeks.

Police allege Pashollari tried to flee, while Pashollari says he misunderstood the officer’s intent.

Pashollari was arrested during the incident, ultimately pleading guilty to one minor charge and dropping several others. He was placed on probation, and at his sentencing the prosecutor noted the fact that the guilty plea avoided lengthy testimony about police use of force as planned by Pashollari’s attorney.

The lawsuit filed by Pashollari stated that he was traveling through the intersection of Gorge Road and Harriet Road (according to court records of the criminal case, this was Gorge and Jutland) when Const. Jennifer Gilroy turned on her car’s lights and sirens in an attempt to get him to stop.

Pashollari’s suit says he assumed the officer would pass, so he kept driving.

A little later, the officer drove next to Pashollari and got on the e-bike. According to court documents, Pashollari then hit a curb, “which launched him from the bicycle onto a patch of grass.”

Pahollari was arrested and the bicycle was seized. When he complained to the police about a painful shoulder, an ambulance was called for him. Pashollari’s suit says it was then discovered he had a dislocated shoulder.

Pashollari’s side of the story was filed in small claims court on January 27, 2023, three weeks after the incident. VicPD sent a response on April 6, 2023, denying “any accusation.”

Fast forward to last Thursday (June 14) and police filed an amended claim, this time written by attorney Erik Grobler.

Grobler is contesting the lawsuit on legal and jurisdictional grounds, arguing that the city of Victoria should be sued, not the police, and that the police acted within the “scope of their employment.” He also blames Pashollari for the incident.

“If the plaintiff suffered injury, loss, damage or expense as alleged, it was caused or contributed to the plaintiff’s own wrongful or negligent conduct,” Grabler argues.

The prosecutor in the criminal case also said that Pashollari was guilty of initiating a dangerous situation. Because of his guilty plea, no arguments were presented in court for or against whether the use of force was appropriate.

It is not clear whether Pashollari wants to pursue the matter further. Technically, he had to file a certificate of readiness to submit the case to a settlement conference within six months of the incident. He hasn’t done that yet – it’s been about 18 months – but could still be eligible for an extension if he does want to continue.

Pashollari could not be reached to answer this question, and a VicPD spokesperson said the department could not comment or provide more information about an ongoing civil claim.