February 7, 2018

Client awarded compensation after suing police for assault, battery, unlawful arrest and false imprisonment – JR

O’Brien Criminal and Civil Solicitors are experts in assisting clients sue the police for false arrest, unlawful imprisonment and malicious prosecution. Read about one of our successful cases below.

Client assaulted by bouncer and police

JR went to a bar with his wife, agreeing to be the designated driver for the night. After he had consumed one drink, a bouncer told him to leave. Once he had left to wait outside for his wife, he was again assaulted by a bouncer. He waited for the police to arrive to make a complaint.

However, once the police arrived, they almost immediately took the side of the bouncer and gave him a move on direction. JR was upset, but complied and started to move away. As he was reaching the end of the street, however, the police followed and arrested him.

Taken to police station but released without charge

They handcuffed him, put him in the back of their police car and drove him to the station. After several hours, JR was released without charge yet he was given an infringement notice. JR challenged the infringement notice over 2 days in the Local Court and as a result it was dismissed. JR approached O’Brien Criminal and Civil Solicitors to help him address any avenues of recourse he might have against the police.

JR sues police for assault, battery, unlawful arrest and false imprisonment

O’Brien Criminal and Civil Solicitors helped JR successfully sue the police in the District Court for assault, battery, unlawful arrest and false imprisonment. The police vigorously defended their part in the matter over 10 days.

Video footage helps judge find in favour of client

However, video footage of the incident emerged, which had been clearly edited by the police as it was missing ‘crucial exchanges’ between JR and the police which may have provided exculpatory evidence in JR’s favour. Ultimately, the judge found in favour of JR and he was awarded compensation.

This is just one of many successful outcomes where O’Brien Criminal and Civil Solicitors have represented clients in false arrest and unlawful imprisonment cases. If you have intend to make a claim against an authority call us on (02) 9261 4281 to book a free initial consultation.