Shot and handcuffed during police gunfight, Montreal family sues city alleging negligence and discrimination

A family caught in the crossfire of a police shootout last year is suing the Montreal police force and the city, alleging that after the family patriarch and his son were struck by bullets, officers handcuffed them and delayed medical treatment for nearly an hour. 

The Abdallah family filed a lawsuit in Quebec Superior Court on Monday. They are asking for more than $6 million in damages for the pain and suffering they say they experienced as a result of "negligent and reckless" actions of Montreal police during and after an exchange of gunfire with a suspect one year ago.

On Aug. 4, 2024, Abdel-Rahman Abdallah, 18 at the time, was unloading camping gear from his car in the driveway of the family's home in Dollard-des-Ormeaux, a city in Montreal's West Island, when a man with a gun arrived.

The lawsuit says the man, Nackeal Hickey, fleeing police, threatened the family and asked them for the keys to their vehicle. Pursuing police officers arrived; Hickey opened fire in the direction of the officers and a gunfight ensued.

Abdel-Rahman, and his father, Houssam, 52 at the time, were shot. The family says Abdel-Rahman was hit once near the spine and Houssam was struck six times as he dove to protect his son and his daughter, who was also outside. 

But the family says Abdel-Rahman and Houssam lay on the ground wounded with no medical care for nearly an hour. 

"During this hour that seems to last an eternity, Abdel-Rahman, despite the pain he felt, spoke to his father Houssam about his pain, to see if he was alive and to encourage him to remain conscious," the lawsuit says. 

Officers then handcuffed the two men "without the officers providing them with the care they needed, while they were still on the ground, and without giving them any explanation as to why they had been arrested," according to the lawsuit. 

The men were finally brought to hospital in separate ambulances, they say. 

But since the shooting, the family says they have been living a nightmare. Houssam and Abdel-Rahman live with the effects of the gunshot wounds they suffered. Houssam underwent multiple surgeries and remains scarred and lacks feeling in his left leg. He needs to take medication daily. 

At a news conference on Monday, the family detailed the suffering they have endured since the shooting. Houssam, speaking at a microphone, became visibly emotional as he recounted the feeling of the bullets tearing through this body. 

"Who could have known that a weekend of camping could have ended this way," he said. "When I saw a bullet strike my son, the decision to jump to protect my kids was simple. I would do it again in an instant, despite the suffering that followed. "

Their lawsuit says police used excessive and negligent force when they fired approximately 40 shots in a residential area during their gunfight with Hickey. They also say police failed to act quickly enough to prevent Hickey from fleeing, gun in hand, toward the family. 

They also allege police violated their rights when they arrested Houssam and Abdel-Rahman. They say Abdel-Rahman was racially profiled when police handcuffed him, assuming he was a suspect.

The family's other members have also suffered psychologically since the shooting and are requesting damages, the lawsuit says. 

Quebec's Crown prosecution office announced in June it would not lay charges against Montreal police officers in the case, following an investigation by the province's police watchdog.

Prosecutors filed 15 criminal charges against Hickey, including four counts of attempted murder, illegal possession of a firearm, robbery and breaching bail conditions.

Hickey was arrested in July in a separate case and charged with breaking and entering. He was out on bail when the police say he fired on officers and sparked the gunfight.

A spokesperson for the City of Montreal said the city will not comment on the case because it is now before the courts. 

The Service de police de la Ville de Montréal (SPVM) said it was cooperating with the authorities and said it was committed to complying with the law. 

"We would also like to emphasize that the SPVM takes any allegations made against it very seriously and at all times respects the fundamental rights of all concerned," an SPVM spokesperson wrote in an email.