Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John* after he was assaulted and unlawfully detained by NSW Police in his own home, twice. The police used capsicum spray and excessive physical force against John despite knowing he had significant mental health and physical disabilities.
Our civil lawyers helped John sue the police for excessive force in NSW and reached a favourable settlement on his behalf.
Read our other successful Civil Law Case Studies.
Case Summary: Suing NSW Police for Excessive Force
Our client, John, had a documented mental illness and physical disabilities. He was subjected to two separate incidents of excessive force by NSW Police officers. In the first incident, he was pepper sprayed in the face during a welfare check and dragged to the floor of his own home. Months later, officers returned and assaulted John while arresting him, causing a fracture. Both incidents happened at his residence and caused lasting psychiatric and physical harm.
With the help of our civil lawyers at O’Brien Criminal & Civil Solicitors, John sued the State of NSW for assault, battery, false imprisonment, and trespass, and succeeded.
Suing NSW Police for Excessive Force: Detailed Overview
Incident 1: Pepper Sprayed During Mental Health Check
Last year*, eight police officers entered John’s home in Surry Hills* to conduct a mental health assessment. Officers knew John had a mental illness. After a verbal exchange where John expressed frustration, he eventually lowered his fists in compliance with police orders.
Seconds later, an officer sprayed capsicum spray directly into John’s face. He was then tackled to the ground, handcuffed, and detained despite informing officers of existing injuries.
The use of force violated NSW Police’s own Mental Health and Policing guidelines, which stress the importance of least restrictive methods and treating people with dignity.
Incident 2: Kneed in the Ribs During Arrest
On a separate occasion, two officers returned to John’s property. Police entered the home, brought him to the floor, and kneed him in the ribs.
Despite knowing about his hip issues, police forcibly walked John down the stairs while handcuffed. He was then taken to hospital, where he was diagnosed with a fractured rib.
Case Outcome for Suing NSW Police for Excessive Force in NSW
O’Brien Criminal & Civil Solicitors filed a civil claim against the State of New South Wales for assault, battery, false imprisonment, and trespass to land. The lawsuit highlighted how NSW Police violated their own legal obligations and international human rights principles when responding to someone in mental health distress.
The case was successfully settled in John’s favour, affirming his rights and holding the police accountable for their excessive force.
Need Help Suing Police for Excessive Force in NSW?
If you’ve been assaulted, injured or unlawfully detained by police in NSW, you may be entitled to sue the police for excessive force and claim compensation for your injuries and losses.
Enquire online or 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 and identifying details have been changed to protect client confidentiality.
