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Family of Jermaine Carby, shot dead by officer, sues Peel police for $12M

The family of Jermaine Carby, a man shot and killed by Peel police in September of 2014, has filed a $12 million lawsuit against Peel police, alleging that Carby was a victim of racial profiling.

The suit alleges Constable Jason Senechal wanted to pursue an unwarranted criminal investigation against Carby when police stopped the Volkswagen he was travelling in as a passenger in Brampton.

"Senechal racially profiled Mr. Carby and concluded, without any lawful basis, that he was involved in criminal activity," the lawsuit reads. "Senechal was motivated by racial prejudice and stereotypes."

When the confrontation between police and Carby escalated, an eyewitness recalled that Carby was walking towards the officers with his arms open when he was shot. Video of the incident had police officers telling him to "drop the knife," although witnesses said it wasn't clear at the time if he was holding a knife.

The lawsuit says Carby, who was 33 at the time of his death, was "a person who suffered from [a] serious and debilitating mental illness" and alleges the officer knew he had a mental illness, had previously attempted suicide and wanted police to shoot him, but deliberately ignored the information.

Officer wouldn't have done anything differently

The province's Special Investigations Unit clearedConst. Ryan Reid, the officer who shot and killed Carby, in 2015. Reid told an inquest earlier this year that he wouldn't have done anything differently.

Reid said his partner mentioned Carby had attempted "suicide by police" previously and there was a warrant out for his arrest.

Prior to Reid's testimony, police said that the confrontation between the officers and Reid escalated when he was asked for his name and ID. When they found warrants for his arrest in British Columbia. Reid explained that's when Carby pulled out a knife and said "Shoot me, shoot me."

"The last thing I wanted to do was kill Mr. Carby," the officer said. "I wanted to stop the threat."