Davis Fleming v Attorney General of Anguilla Jacob Pierre et Al

• Jurisdiction: Anguilla
• Judge: Moise, J.
• Judgment Date: 18 July 2025
• Judgment citation (vLex): [2025] ECSC J0718-1
• Docket Number: CLAIM NO. AXAHCV2023/0018
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Year: 2025

Between

Davis Fleming

Claimant

and

Attorney General of Anguilla Jacob Pierre Henford Ruan

Defendants

[2025] ECSC J0718-1

Before:

His Lordship The Honourable Justice Ermin Moise

CLAIM NO. AXAHCV2023/0018

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CIVIL)

Appearances:

Mr. Kennedy Hodge of counsel for the Claimant.

Mr. Theon Tross of counsel for the Defendants.

Moise, J.

1 This is a claim for wrongful arrest, assault by a police officer and false imprisonment. The claimant asserts that on 24 ^th June 2023, he was forced out of his taxi at the Clayton J Lloyd International Airport by the 2 ^nd and 3 ^rd defendants who are police officers. In the process of doing so, he claims that he was physically assaulted. He asserts that he was then subsequently arrested with no justification and falsely imprisoned at the Police Headquarters in The Valley. The claimant asserts that, as a result of these actions, he suffered physical pain and injury and seeks compensatory and other damages from the court.

2 Having examined the facts of this case, I have determined that there were reasonable grounds to justify the claimant's arrest and detention, and that the force used in doing so was reasonable. I have therefore dismissed the case with costs. These are the reasons for my decision.

The Facts

3 The claimant is Mr. Davis Fleming (Mr. Fleming). He is a taxi driver who plies his trade at the Clayton J Lloyd International Airport and at the Ferry Terminal in Blowing Point. Mr. Fleming states that on 24 ^th January 2023 his Toyota Hiace Minibus was parked in the airport parking lot. He was awaiting his turn as there was an American Eagle's flight which had landed in Anguilla with a number of passengers on board. There is a taxi rank at the airport which accommodates 5 vehicles. Taxis on duty are numbered in a queue with taxis in queue positions 6 or greater having to wait in the airport's parking lot until a vehicle slot in the taxi rank becomes available. Mr. Fleming states that, on the day of the incident, he was awaiting his turn to enter the taxi rank.

4 Mr. Fleming states that at around 2pm it was his turn to move into the rank. As he proceeded to do so, the defendants, Police Constable Jacob Pierre and Special Police Constable Henford Ruan (Officers Pierre and Ruan), who were both dressed in police uniform, approached his vehicle and shouted that he was under arrest. In his pleadings, Mr. Fleming asserts that he continued to attempt to park his vehicle in the taxi rank whilst enquiring as to the basis of his arrest. He states that the officers then ordered him to reverse out of the taxi rank lane. He complied, and in the process of doing so, when his motor vehicle was partway across the entrance, another vehicle was crossing behind him. The officers then ordered him to stop. He did so with the result of him partially blocking the taxi lane.

5 Mr. Fleming states in his evidence that he knew both Officers Pierre and Ruan prior to the incident on that date. He states that he had a prior confrontation with Officer Pierre who then placed his name in his pocketbook and stated that he would remember him. He also knew Officer Ruan as he too operates a taxi at the Airport and Blowing Point Ferry Terminal.

6 Mr. Fleming states that Officer Ruan then reached inside his taxi and switched off the engine. He then yanked the driver's side door open and twisted Mr. Fleming's right arm behind the driver's seat. This caused an injury to Mr. Fleming's shoulder, and he was in excruciating pain. Mr. Fleming goes on to assert that Officer Ruan simultaneously grabbed his left arm, which prevented him from being able to shift his position to reduce the damage being done to his right shoulder and ease the pain he was experiencing.

7 Mr. Fleming claims that the officers then both manhandled him, using excessive and damaging force. He states that they dragged him along the right-hand side of his taxi from the front to the rear, banging his head and his back against the side of his vehicle. They allegedly dragged him alongside the vehicle, causing injury and damage to his back. Mr. Fleming also asserts that this was done in the presence of a number of visitors who had disembarked the American Eagle flight. He states that the officers never informed him of the reasons for his arrest. They then took him into a police vehicle leaving his own motor vehicle unattended with personal documents and cash in it. He also notes that his vehicle was blocking the flow of traffic at that point.

8 Mr. Fleming states that he was able to impress upon the officers that his vehicle should be removed from its position. He states that they eventually agreed to allow him to move his vehicle to another location at the airport. Mr. Fleming states that the location which the officers wanted him to park his vehicle was not appropriate as it was across the Airport's high-security air-side main access gate labelled with clearly visible ‘No Parking’ and ‘Restricted Area’ signs. He stated that the officers then agreed to allow him to drive his motor vehicle to his home in Rey Hill, which was not far from the airport. It was Mr. Fleming's case that the police knew he was taking his vehicle to his home and that it was his expectation that they would follow him.

9 Despite this, Mr. Fleming states that a contingent of police officers, who appeared to be armed, came on to his premises. He had some difficulty disembarking his vehicle due to the pain he was experiencing from the alleged assault earlier. As he was attempting to call out to his partner and his son, the police “seized” him by the arm and shoved him into a police van. Mr. Fleming states that Officer Ruan shoved him causing him to land on his buttocks in the cage of the police van. This caused further pain in his back. He instructed his family to call a lawyer for him and was thereafter taken to the police station.

10 Mr. Fleming asserts that upon arrival at the police station, the desk sergeant made enquiries of Officers Pierre and Ruan as to the reasons for Mr. Fleming's arrest. Officer Ruan responded by saying that Mr. Fleming attempted to bite him. It was pleaded that the desk sergeant. did not accept the reasons given for Mr. Fleming's arrest and immediately ordered his release. No charges were laid against him.

11 Mr. Fleming states that whilst he was about to leave the police station, Officer Pierre demanded that he write a letter of apology to the Anguilla Air and Sea Ports Authority for his behaviour. Mr. Fleming states that he refused. Officer Pierre then wrote something down in a pocketbook and asked Mr. Fleming to sign. Mr. Fleming signed the entry but asserts that he is unable to read and understand official documents and the entry in the pocketbook was not read over to him. He also states that he initialed the entry because he was in pain and wanted to get to the hospital. In fact, he goes on to state that during his time at the police station, he requested that he be taken to the hospital, and this was refused by the police.

12 Mr. Fleming states that he was taken to the hospital by his son where an x-ray was done on his shoulder. Upon the doctor's examination of the results of the x-ray, Mr. Fleming states that he was referred to the surgical clinic where he was examined by a Trinidadian doctor. He goes on to state that he was examined by the doctor on 7 ^th February, 2023 and was prescribed pain killers and advised to undergo therapy. An MRI was also recommended, and this was done in St. Martin. After examining the results of the MRI, the specialist noted that surgery was not recommended due to Mr. Fleming's age.

13 In his statement of claim, Mr. Fleming pleaded that he can no longer operate his taxi as a result of his injuries and continues to undergo physiotherapy. He is also unable to look after his cows and has lost income as a result of the death of a 6-month-old cow. However, in his witness statement he states that after physiotherapy he was able to resume driving his second vehicle after one year. He drives this vehicle because it is lower to the ground and is easier to operate.

14 Whilst giving evidence in court, Mr. Fleming acknowledged that he is currently still operating a taxi but claimed that he is still experiencing pain. He also stated that since the signing of his witness statement he had been examined by a bone specialist who requested that he undergo surgery in December 2024. Mr. Fleming's evidence is that he was advised that the surgery was necessary if he had to walk comfortably.

15 In cross-examination, Mr. Fleming denied that he was blocking the traffic when he was approached by the police officers. He continued to insist that he was simply told that he was under arrest but was not told the reasons for his arrest. He stated that he complied with the various orders of the police, except the order to switch off his vehicle. Mr. Fleming denied that he was ever instructed by the police to circle around in order to ease the traffic. He insisted that he was simply awaiting his turn to enter into the queue.

16 Mr. Fleming stated in cross-examination that he did form the view that where he was being asked to park his vehicle was not appropriate because of the security regulations. He remained adamant that the police gave him permission to drive his bus home and denied that he simply left the scene on his own.

17 Mr. Fleming denied that he signed the police pocketbook on his own volition. He stated that he signed when he was about to leave the station. He also stated that he did not know what a pre-existing injury is and insisted that he had never suffered that type of injury before. He was confronted with the medical form from the doctor but continued to deny that he had any medical condition prior to the incident.

18 I have noted the medical evidence filed in this case. The reports indicate that upon...