Assault, battery, false imprisonment and malicious prosecution claim: BA v Corrective Services

assault battery bodily harm punchCorrective Services officers repeatedly beat an prison inmate

BA, the Plaintiff, was an inmate at a correctional centre and subjected to assault, battery, and false imprisonment by corrective service officers. At the time of the incident, two corrective service officers directed BA to a cell and shut the cell door. This blocked off the line of sight of CCTV cameras and partially obstructed the view of inside the cell to anybody who passed by. Contrary to standard protocol, neither officer used a hand-held camera to record the incident inside the cell.

The officer head-butted, punched and pinned BA down. One of the officers then punched BA in the face repeatedly using a closed fist. This caused BA immediate pain, and caused his face to bleed.

After the incident, prison officers escorted BA to a clinic and then conveyed him to a hospital for treatment. When the nurse exited the room, an officer grabbed BA by the hair and forcefully pushed his head into the pillow, and warned BA to be careful about what he said about the officers. After having head scans, prison officers conveyed BA back to prison. BA, still handcuffed, they took him to segregation, where a corrective services officer subjected him to further violence.

Prisoner charged with assaulting an officer while in execution duty and inflicting actual bodily harm

Following the incidents, BA had to stay in segregation for weeks with no interaction with other inmates or visitors.

Ultimately, BA was charged for assaulting an officer while in execution of the officer’s duty and inflicting actual bodily harm. The matter was heard in the Local Court where the Magistrate pointed out the large number of clear inconsistencies in the evidence given by the corrective service officers, and dismissed the charges against BA.

Despite this, BA continued to be subjected to violent and aggressive behaviour.

Prisoner sues Corrective Services for assault, battery, and malicious prosecution

O’Brien Criminal and Civil Solicitors successfully assisted BA in his claim against the State of NSW for assault, battery, and malicious prosecution. We settled the proceedings against the State of NSW and BA received significant compensation.

If you want to sue the police or corrective services for unlawful arrest, false imprisonment, malicious prosecution or police assault, battery or brutality, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the civil lawyers in our Sydney office.