In 2019*, our client, John*, was unlawfully stopped and searched by the police. He was an Indigenous man with a neuro-cognitive disorder. Therefore, was vulnerable.
Case Summary
In the first stop and search, without reasonable cause, police stopped, frisk and stripped searched him. The second time, also without reasonable cause, police stopped and searched him again. On both occasions nothing was found. As a result, he made a complaint to Redfern PS, then LECC with the assistance of Redfern Legal Centre. However, police dismissed his claims. So he was referred to our firm to make a civil claim. We agreed to represent John. We found that the police were unlawful in their actions.
Suing State For Police Assault And Battery
At the time of the first search, John had just left his home. Then, he walked towards Amelia Street, Sydney, to meet a friend for dinner. Shortly after, a black SUV with markings “Public Order Riot Squad” stopped next to him. A group of officers stepped out of the car. They asked where he was going.
He replied saying he was walking to a cafe. An officer remarked that it was a little late for that. John disagreed. The officers told him to get his hands out of his pockets.
Suddenly, an officer shoved the Plaintiff into a roller door behind him. Additionally, he told him to put his hands above his head and turn around. Our client complied with these instructions. An officer kicked his foot. However, as John was in a wide stance, he did not fall over. The police patted him down and searched him. They touched John all over his body, from his neck down to his feet.
NSW Police Assault Man During Stop And Search
An officer then pulled the waistband of his tracksuit pants away from his waist. An officer then looked down the front of his pants while asking: “What’s down here.”
After John told them his name and date of birth, the police read out his history with police. He was then free to go.
However, John did not want to eat when he got to the cafe. Instead, he asked his friend to drive him home.
A few days later, John found himself in another incident. On this day, he was also on the way to a cafe in Bondi Beach. A police officer followed John into the café and asked him to step outside. John understood he didn’t have a choice and if he tried to leave he would be physically restrained.
NSW Police Unlawfully Target Man In Stop And Search
John provided his identification. However, the officers still searched him. Again, they found nothing. He asked could they not look down his underpants in public in front of other people.
The officer made an entry into his police database contrary to the truth. Furthermore, he state that John was “making involuntary
movements” and “yelling”. The officer did so to justify the use of his powers to search, which were contrary to law. John and his friend when to Redfern Police Station to see what happened. They told them that the officer that searched him were not part of that station. They also explained that there was a protest in the city that day, to explain why the officers were in the area.
Shortly after, John lodged a complaint about the conduct of the officers. However, they declined to investigate. John made multiple attempts to try and have the two incidents investigated, but nothing happened.
NSW Police Officer Mock Man In Stop And Search
The following year, police followed John when he was out driving with a friend. The officer called out to him, mocking him that the complaint he made against the police did not work out. After, John asked the LECC for a review of the complaints he made about the police searches.
We found that John was falsely imprisoned when he was stopped and searched. The officers did not have reasonable grounds to search and search our client. Also, the officers were not acting within their powers when they touched his body and underwear during the search. Therefore, they assaulted John. Officer also assaulted and battered John when one of them shoved him.
John also suffered unwanted physical contact with his body. In addition, he suffered distrust for the police, mental anguish, and distress.
Additionally, he suffered a loss of dignity, distress, fear, and humiliation.
In conclusion, we claimed aggravated damages for false imprisonment, assault and battery against the state. A court found in favour of our client. He was compensated fairly for the pain he suffered.
I Need A Lawyer To Sue The Police
If you or someone you know has experienced false imprisonment, assault and battery at the hands of the police, it is important to seek legal advice and support. Our law firm has experience in handling such cases, click here to read our Civil Case Studies. We can help guide you through the legal process, ensure that you understand your rights, and provide you with the support you need to seek justice.
Call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
*Names have been changed for client confidentiality.
