The daughter of Grant McLeod, a man who died in police custody two years ago, is taking legal action against members of the Whitehorse RCMP.

In documents filed in Yukon Supreme Court this morning, Elycia Carlick says she suffered, and continues to suffer, damages due to the officers' alleged breach of duty of care when they arrested her father in August 2008.

Carlick says she has lost the companionship and affection of her father, endured psychological injury, and incurred expenditures for treatment of her psychological injury.

McLeod died shortly after wrestling with police, and one of the officers attempted to put the man in a choke hold.

On the morning of his death, the RCMP were called to the Chilkoot Inn after receiving call about a man staggering around the lobby with a needle in his hand.

When they arrived on the scene, they found McLeod. After struggling with the man, they were able to cuff him.

Shortly afterward, McLeod was unresponsive. He was taken to Whitehorse General Hospital, where he was pronounced dead.

An autopsy found the cause of death was a cocaine overdose. A coroner's inquest into the matter supported that conclusion.

In the documents, Carlick claims her father died during the arrest due to excessive and deadly force by the officers, who allegedly failed to provide first aid care to McLeod.

She says the officers "displayed mob behaviour” while arresting the man. Their conduct was either due to a lack of police procedure and training, or failure to follow policy and procedure during the arrest, she argues.

Furthermore, Carlick says police breached the duty of care owed to her father through "intentionally negligent, grossly negligent, deliberate indifferent, reckless and bad faith conduct.”

The Attorney General of Canada is also listed as a defendant.