The circumstances of the March 2010 arrest prompted public outrage when a witness posted video on YouTube, showing the actions of constables Christopher Bowser and Brendan Robinson.
The Office of the Police Complaints Commissioner intervened and an adjudicator has now concluded Bowser abused his authority by using excessive force during the arrest of Tyler Archer.
Retired provincial court judge Ben Casson found Archer was kicked and kneed several times despite being in a position Casson says was "completely submissive."
Bowser will now face a disciplinary hearing but Robinson has been cleared of any wrongdoing.
A release from the Victoria Police Department says it's too early to say if it will appeal, but it is disappointed because it has always maintained the officers were placed in a very difficult situation and reacted professionally and responsibly. (CFAX)
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