Case studies for Actions Against Law Enforcement​

O’Brien Criminal and Civil Solicitors can represent you in an action against:

  • The NSW Police Force or Police agency in another State or Territory;
  • The Director Of Public Prosecutions (DPP); or
  • Corrective Services

We can also assist you in making a civil claim against:

  • Bouncers or security guards; or
  • Transit or transport officers for assault, battery and false imprisonment.

Our civil solicitors have successfully settled many claims against these institutions which have resulted in substantial compensation for our clients. Scroll to the bottom of the page to see our case studies and testimonials from our clients.

Recent Cases of actions against law enforcement

Following a lecture event at the University of Sydney (USYD), Richard decided to partake in the post-lecture drinks. As events unfolded, he got kicked out and a security guard accused Richard of shoving him. Richard denied this.

Read the full case here.

Weapon offence: When arresting client for having a weapon, the police use unlawful force. Tim* had a knife and his mother contacted Blacktown police.

Read the full case here.

Charges against our client were dropped due to unlawful Police conduct and legal proceedings were initiated against the State. The matter was settled out of court and our client received a substantial monetary compensation.

Read the full case here.

How Self-Documented Evidence Helped Expose Marrickville Police Misconduct at Dulwich Hill Light Rail Station and led to suing police and winning compensation.

Read the full case here. 

Uncovering Misfeasance in Public Office: Jarred’s Case Study of Mistreatment while giving evidence in his own hearing.

Read the full case here. 

Women’s offensive behaviour and remarks withdrawn as Undercover NSW Police breach LEPRA (Law Enforcement (Powers and Responsibilities) Act)

Read the full case here. 

Weapon offence: When arresting client for having a weapon, the police use unlawful force. Tim* had a knife and his mother contacted Blacktown police.

Read the full case here.

Client unlawfully stopped and searched while in car, we begin a civil claim against the state of NSW

Read the full case here.

Police sue police: Unlawful search of NSW Police Officer by Officers. A female police officer is assaulted and unlawfully imprisoned by other police officers.

Read the full case here.

Unlawful strip search results in client being denied entry, monetary compensation awarded for distress suffered.

Read the full case here.

Ex-gratia payment for transgender woman for male prison time. Layla* is a transgender woman who has identified as female for more than two decades.

Read the full case here.

Illegal Strip Searches take place at all-ages music festival. An erroneous drug dog indication means that a youth had to strip naked in front of police.

Read the full unlawful strip search of an underage attendee at all-ages music festival case here.

Excessive force: police try to prevent escape from custody and injure a man. He then sues police and wins a sum for compensation and to cover his legal fees.

Read the full offender receives compensation for excessive force used when he attempted to escape custody case here.

Liam walked through a train station. Police with a drug detection dog stopped him and said they’d strip-search him, as the drug dog indicated he may have drugs.

Read the full case here. 

Recording a police interaction is not illegal in public. Police unlawfully assault bystander at railway station in Sydney when he tried to video them.

Read the full case here. 

Police arrest a peaceful protestor at a climate change demonstration then charge him with multiple obstruction offences. Our lawyers are able to get charges withdrawn and start a civil claim against the State of NSW for unlawful arrest and malicious prosecution.

Read the full case here. 

Apprehended Personal Violence Order (APVO) application means nothing until court confirms it. We sued the police when they arrest our client on basis of APVO application

Read the full case here. 

Steve*  got conditional bail where he had to report to the police station once every day. This Conditional Bail dispensed by Magistrate. Then police arrested him.

Read the full case here. 

Youth officer assaults 15 year old in a cell extraction, breaking his nose. We sued Youth Justice NSW and got money as compensation for our young client.

Read the case study here. 

This article explores the case of Jacob who police arrested without reasonable grounds. Fellow boarding house residents beat him and he called 000 for help.

Read the case here. 

O’Brien Criminal and Civil Solicitors acted for Connor in a civil claim against the State of NSW for assault, battery, and false imprisonment. We claimed the police officers did not have reasonable grounds to suspect that Connor had committed or was committing an offence and used more force than necessary in arresting him.

Read the full case here.

False imprisonment when enquiring with a Police Station George’s* partner took out a Protection Order against him in NSW. The matter was dismissed before a Magistrate, and his partner subsequently …

Read the case here. 

False imprisonment when enquiring with a Police Station George’s* partner took out a Protection Order against him in NSW. The matter was dismissed before a Magistrate, and his partner subsequently …

Read the case here. 

Sydney Law Professor Successfully Sues NSW Police For Assault. Our client, Simon Rice, was a Professor of Law working for the University of Sydney… 

Read the case here. 

Compensation awarded for man on STMP (Suspect Target Management Program) list in Dubbo. Police stopped and searched Brandon without reasonable suspicion.

Read the case here. 

Northern Beaches Command Police assault woman with dementia in Brookvale care home, exceeding their powers as outlined in LEPRA. We sued and won money for her.

Read the case here. 

Unlawful strip search results in client being denied entry into a correctional centre. Monetary compensation awarded for distress suffered  

Read the case here. 

More Cases

The Magistrate at Blacktown Local Court dismissed all charges under the Mental Health and Cognitive Impairment Forensic Provisions Act.

Our lawyers were successful in settlement for a favourable amount

Read the case here. 

O’Brien Criminal and Civil Solicitors acted for Julia in a civil claim against the State of NSW for assault, battery, and false imprisonment. We claimed the police officers did not have reasonable grounds to suspect that Julia had committed or was committing an offence.

Read the full case here. 

Jacinta suffered significant psychological repercussions as a result. Jacinta, a vulnerable elderly woman, experienced frequent nightmares, loss of sleep and panic attacks in relation to these matters.

Jacinta succeeded in her civil proceedings receiving generous monetary compensation. This came by way of a notice of discontinuance and a deed.

Read the case here. 

Client found guilty of drug offences in the Children’s Court of NSW. O’Brien Solicitors appealed the case to the NSW District Court based on several breaches of the Law Enforcement (Powers and Responsibilities) Act 2002 (‘LEPRA’)

After the conclusion of Eve’s criminal matter, O’Brien Solicitors started a civil action against the State of NSW for: false imprisonment, assault, battery and strip search on a minor by police.

The case settled by deed and Eve received a favourable outcome.

Read the case here. 

Mary was put in a cell and released approximately 4 hours later. She was incredibly distressed by the incident and could not understand why as a victim, she was arrested and not protected by the police. 

O’Brien Criminal and Civil Solicitors filed a claim for assault, battery, false imprisonment.

Read the case here. 

Three of our clients were stopped, searched, and unlawfully arrested. They believed it was because of the colour of their skin. 

Read the case here

Rahul was handcuffed, transported to a nearby police station, and charged with:

  • Four counts of assaulting an officer in the execution of their duties under s 58 of the Crimes Act 1900 (NSW),
  • assaulting an officer with intent to resist/prevent apprehension under s 58 of the Crimes Act 1900 (NSW); and
  • intimidating an officer with the intention to cause fear of physical or mental harm under s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

All charges were withdrawn by police and dismissed by the court.

O’Brien Solicitors then pursued the State of NSW for false imprisonment, assault, battery, and trespass to land.

Find out more about how we sued the NSW Police here.

Police on Sydney Trains Successful claim for false imprisonment, assault, battery and malicious prosecution

Two young men, James and Cody experienced poor treatment from NSW Police while travelling on Sydney Trains. We successfully assisted them in their claim against the State of NSW for assault, battery and  false imprisonment.

Keywords: Assault, battery, false imprisonment, Sydney Trains, police

Read Case Here: KLS v State of NSW – Successful claim of assault, battery, false Imprisonment and malicious prosecution

KLS was having an animated conversation with her partner at a petrol station when police arrived at the scene. Police had earlier received a phone call concerning a woman’s welfare. KLS in a sarcastic manner said to the officers “thank God the police are here, he’s over there.”.

Keywords: Assault, battery, false imprisonment, Sydney Trains, police

Read the case here: Police sued: assault, false imprisonment, trespass to goods

An Aboriginal Elder was harassed by police. She sued NSW for assault, battery, false imprisonment and trespass to goods. She won substantial compensation.

Read the case here: Woman injures husband while trying to defend herself

A woman injures husband while trying to defend herself. Police arrest and detain her. She sues for assault, battery and false imprisonment by the police.

Read the case study here: GP v State of NSW  

GP was driving home when an unmarked police vehicle indicated for her to pull over. Police officers informed GP that she was the subject of an arrest warrant for outstanding charges. GP had no knowledge of the alleged criminal activity. We successfully assisted GP in taking action against police for unlawful imprisonment and assault, and the police misidentification that caused her shock, distress and humiliation.

JR v State of NSW – Client receives settlement sum before trial for false imprisonment and assault

Police did not have reasonable grounds to arrest JR. We successfully assisted JR by bringing action against police for false imprisonment and assault, as his arrest was for the purpose of further investigation and not a lawful purpose.

Client successfully assisted in claim of unlawful imprisonment

BL had been exercising outdoors and was driving home when Police stopped her. Police subjected BL to a stop-and-search of both her vehicle and her person. We were able to assist BL in pursuing a claim against the police.

Read the full case here: BL v State of NSW 

JN v State of NSW – Client receives settlement sum after unlawful arrest

JN attended a Harvey Norman store to collect an item he had purchased online. A disagreement ensued and staff called store security. While exiting the store, two police officers accosted him. We acted for JN in an action against the police for assault, battery and false imprisonment. The matter was resolved outside of court and JN received a compensation payment.

SJ v State of NSW – Client receives significant settlement sum after tort claims

SJ returned from shopping downtown to find police executing a search warrant on her residence in Forbes NSW. Upon arriving, SJ was subject to false imprisonment, assault and/or trespass to the person and trespass to goods by police. We successfully acted for SJ, who commenced proceedings against the police in the District Court. The State of NSW agreed to settle the case outside of court and paid a large settlement sum inclusive of all costs and disbursements. Her friend was experienced a strip search. See FC v State of NSW

Also see the case studies in a joint form

MA v State of NSW – Client receives significant settlement sum after tort claims

MA was being intimate with his partner and having an animated conversation when police approached the couple. MA sued the police for assault, battery and false imprisonment. We successfully acted for MA, whose proceedings against the State of NSW were resolved by way of settlement before the trial.

DO v State of NSW – Client receives compensation for claim of wrongful arrest

DO entered a NSW train station, was assaulted by Transit Officers, who then called the police. The police attended, only listened to a version of events given by the transit officers, and arrested DO, taking him into police custody.

 

DM v State of NSW – Client receives large settlement sum for false imprisonment

Police stopped DM whilst driving in NSW and informed him that he had an outstanding arrest warrant in Queensland. DM was arrested and spent approximately 72 hours in custody before he went before a court in NSW.

Keywords: NSW Police, QLD Police, Local Court, False imprisonment, Procedure after apprehension – section 83(1) Service and Execution of Process Act 1992 (Cth)

SE v State of NSW – Client receives compensation from police

SE was charged with one count of ‘intimidate police officer in execution of duty’ and served with an AVO. SE was conveyed to a Juvenile Justice Centre and spent over two months in custody. The charge was formally withdrawn and dismissed.

Keywords: False imprisonment, assault, battery, malicious prosecution, intimidate police officer in execution in their duty, assault and other actions against police officers – section 60(1) Crimes Act 1900, juvenile detention

PB v State of NSW – Client sues police after assault, battery and false imprisonment

PB was arrested and charged for use of offensive language in a public place and assault of a police officer. O’Brien Criminal and Civil Solicitors acted for PB in an action against the police for assault, battery and false imprisonment.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, unlawful arrest, false imprisonment, Assault; Battery by police officer

GJ v State of NSW – Client sues police after being arrested for ‘resisting arrest’ at work

GJ was a passenger in a vehicle with friends, which police stopped. The police searched him, and found nothing. He was placed under arrest. GJ brought an action against the police, claiming damages and compensation for assault, battery and false imprisonment.

Keywords: Unlawful arrest, Unlawful detention, False arrest, Action against police, No reasonable suspicion for arrest.

DJA v State of NSW – Client sues police after being arrested for ‘resisting arrest’ at work

DJA was arrested and assaulted by police while working a shift in an inner city bar.

Keywords: False imprisonment; Assault; Battery; NSW Police; Unlawful Arrest; Arrested at work.

GBB v State of NSW – Client sues police after being arrested for allegedly yelling abuse

GBB was arrested and then charged with using offensive language in a public place and assault/resist a police officer in the execution of duty. O’Brien Criminal and Civil Solicitors acted for GBB in an action against the police for wrongful arrest, assault and malicious prosecution.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, unlawful arrest, false imprisonment, malicious prosecution; Assault; Battery by police officer.

WLK v State of QLD – Client sues police after being arrested for minor altercation

WLK, the Plaintiff, was assaulted by Queensland Police while eating dinner at McDonald’s in Surfers Paradise. He was then unlawfully arrested and taken to the police station, and later charged. WLK sued Queensland Police for assault and battery, false imprisonment and malicious prosecution.

Keywords: Queensland Police, Surfers Paradise; Action against Queensland Police; Unlawful Imprisonment; Assault; Battery’ Malicious Prosecution.

BST v State of NSW – Client sues police after being arrested for a previously revoked warrant

BST was unlawfully arrested by Campbelltown Police on a previously revoked warrant. BST was put in the officer’s vehicle and was taken to the police station. The officer took her DNA and placed her in a cell where she was kept until the following morning. Our firm acted for BST and brought a court action against the police for unlawful assault and battery. 

Keywords: NSW Police; Local Court; False Imprisonment; Assault, Battery; Police Mistake; Compensation for Plaintiff.

JG v State of NSW – Client sues police after being arrested without reasonable suspicion 

JG was a passenger in a vehicle with his friends, which police stopped. The police searched him, and found nothing in his possession. They then informed him that he was under arrest, and summarily placed him in the back of the police officers’ vehicle. The police were aware they did not have any evidence to commence proceedings.

Keywords: Unlawful arrest, Unlawful detention, False Arrest, Action against police, No reasonable suspicion for arrest.

BGB v State of NSW – Client sues police after a case of malicious prosecution and unlawful arrest

BGB was walking at night in an inner City suburb with friends. Police officers patrolling the area alleged that the defendant yelled abuse at a police officer. The police approached the defendant and a confrontation ensued where the plaintiff was charged with using offensive language in a public place, assaulting a police officer in the execution of his duty and resisting an officer in the execution of his duty.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, damage property of client, unlawful arrest, false arrest, unlawful imprisonment, malicious prosecution; Assault; Battery by police officer Summary Offences Act 1988 NSW / Good Behaviour Bond / Section 10.

JT v State of NSW – Client sues police after a case of mistaken identity

A case of mistaken identity where the police arrested JT thinking that he was the person named in an outstanding warrant. Police brought him to the police station . After questioning on the matter they realised that they had arrested the wrong person with the same name. O’Brien Criminal and Civil Solicitors helped JT sue the police for unlawful arrest.

KS v State of NSW – Client awarded compensation over 3 day hearing

KS was served with an AVO, arrested and then charged with malicious damage after a minor egging incident. The police withdrew the charge at court. We helped KS successfully sue the police for assault, false arrest and unlawful imprisonment. Our client was awarded compensation after a 3 day hearing.

JF v State of NSW – Client sues police for assault, unlawful arrest and false imprisonment

Our client was an Indigenous Australian man who had been charged with and arrested for possessing child abuse material. The police did not find any incriminating evidence, however, he was refused bail and kept in remand for a month before charges were withdrew against him. We assisted JF in successfully suing the NSW police for unlawful arrest and false imprisonment.

JR v State of NSW – Client awarded compensation for suing police for assault, battery, unlawful arrest and false imprisonment

JR was at a bar with his wife when he was assaulted by a bouncer. When the police arrived they arrested him and took him to the police station. He was released without charge a few hours later. JR sued the police in the District Court for assault.

BVM v State of SA – Man sues police for assault, battery, false imprisonment & malicious prosecution

Police had been constantly visiting a neighbour in the apartment below where BVM lived, with many of these times being after midnight. One night the police turned up at 2am which disturbed the residents in the apartment block so BVM yelled over the balcony to tell the police to go away. The police approached his apartment, and after some incidents involving his door, police pulled him out of his apartment. He was arrested, charged with hindering police and resisting arrest, and was subjected to an invasive DNA swab. At court the magistrate dismissed the charges against BVM. He approached O’Brien Criminal and Civil Solicitors who successfully helped BVM to sue the SA police and obtained a significant settlement sum from them.

Our client had a brother who was sentenced to life in prison when he was 20 years of age. 

He was a part of the stolen generation in Australia, and he had an extremely hard life. He suffered abuse issues and was moved around a lot to different prisons. We got a successful claim for our client, as it was found that he was treated negligently in prison before he died. 

Read more on the case here. 

Unlawful arrest: NSW police illegally arrested our client, David, for attending an anti-lockdown protest in Kensington in Sydney’s eastern suburbs.

Read more on the case here

Sydney racial discrimination lawyer: We represented a client who was racially discriminated, falsely imprisoned by security guards at a popular NSW sports game.

Read more on the case here

RTR v State of NSW – Woman sues police for unlawful arrest whilst she videoed them

A good case for showing that an individual has the right to video police as long as they do not hinder police operations. In this case a woman was filming the police when they came to her home and arrested one of her sons. One of the police officers grabbed RTR by the wrist, arrested her and eventually charged her with hindering police and resisting arrest. The charge of resisting arrest was dropped before RTR’s hearing with the Magistrate then dismissing the resisting arrest charge on the basis that it was nonsensical to arrest RTR if she was not hindering police. We assisted RTR in suing the police for assault, battery, unlawful arrest and false imprisonment. She successfully obtained a settlement sum from the police.

We represented 7 Black Lives Matter protestors who wanted to sue the NSW Police. They claimed damages for false imprisonment, assault, and battery.

Read more about the case. 

Our client, an Indigenous woman, claimed against the NSW Police for damages resulting from a violent arrest at her home. In addition, her son and partner were arrested, resulting in one requiring urgent medical attention. 

Read more about the case. 

We represented our client, Mark*, who was the plaintiff in this case. He sued the New South Wales state for his 7-day* false imprisonment after a government employee made an administrative mistake. 

Read more about the case. 

We represented our client, Ryan*, who was only 15 years of age when police assaulted, battered and falsely imprisoned him. Consequently, he sought our help to sue the New South Wales state for his serious injury. 

Click below to see the outcome of the case. 

Read more about the case. 

Past Cases

AC v State of NSW – False allegations against client leads to false arrest

Directors of an organisation that AC had resigned from made false allegations to the police about her. The police asked her to attend the police station to which they arrested her without adequately investigating the allegations. She was released from custody and approached us to assist her in suing the police for false arrest.

DG v State of NSW – Young Indigenous client sues police for false arrest and unlawful imprisonment

A young Indigenous client was near a group of other people who were causing a commotion outside Woolworths. Despite not being involved in the dispute police arrested him, charged him and kept him in custody for one month. We assisted DG in suing the NT police for false arrest and unlawful imprisonment.

RJ v State of NSW – Client sues police after they injure him

RJ, a member of the Australian Defence Force, was at a bar in Sydney. After failing to comply with police instructions to leave, RJ was taken to the police station and charged with failing to leave licensed premise. He was assaulted by police which caused him injuries that prevented him from going on tour in Afghanistan. We assisted RJ in suing the police.

EH and PH v State of NSW – Brothers sue for unlawful arrest and false imprisonment after being assaulted by police

Two brothers were badly assaulted by a police officer. The police officer arrested, detained and charged EH and PH with resisting arresting and assaulting police. However, CCTV footage of the incident clearly showed that EH and PH were victims of a brutal assault. O’Brien Criminal and Civil Solicitors represented the brothers who sued the State. They received compensation after the State agreed to settle before the matter went to trial.

BH v State of NSW – Client compensated for being unlawfully arrested by police

BH was arrested, detained, charged and prosecuted for allegedly breaching a condition on his AVO. Our client told police that the condition had been varied by the court previously, however, the police did not believe him. He was found to have been truthful and was released. We assisted BH in suing the State which resulted in a settlement agreement before the case went to court.

JS v State of NSW – Client sued police for brutality

JS was pulled over by police whilst he was driving his son to the hospital. The police officers were dressed in plain clothes when they ordered JS out of his car. After the situation escalated quickly into an argument, the police sprayed JS in the face with capsicum spray. They proceeded to handcuff and arrest him, and charged him with assault and resisting arrest. After being acquitted of the charges he approached O’Brien Criminal and Civil Solicitors. We helped JS sue the police for battery, unlawful arrest and false imprisonment.

GL v State of NSW – Client sued police for unlawful strip search

Whilst attending the Mardi Gras a police drug dog stopped beside GL. Police took GL to a “private” fenced off tent where they commenced a full strip search. However, there was in fact a gap in the tent, and GL was exposed to the view of people outside the tent. We helped GL argue that the strip search was unlawful on the basis that it was not conducted in private. Police agreed to settle with GL.

SG v State of NSW – Client awarded compensation after suing police for mistreatment  

Client made claims against the police in regards to mistreatment in two circumstances. The first incident was when police dragged SG out of the bathroom, naked, into the living room and arrested her. The second incident involved the arrest of SG despite her heightened state of stress. At trial the court found in favour of our client in regards to the two complaints and she was awarded compensation.

AB v State of NSW – Client sues police after being arrested, and then released, for unsubstantiated allegations of sexual assault

AB’s ex-partner contacted the police and made unsubstantiated allegations that AB had sexually assaulted him. Relying on this allegation, a police officer arrested AB when he was living at a hostel. The arrest was public and AB was not given any reasons for his arrest. After being released of the charge AB approached us to sue the police on his behalf. We argued that the allegations were insufficient grounds for his arrest and that the arrest was humiliating and unnecessary. The police settled on AB’s claim of unlawful arrest.

JW v NSW – False imprisonment claim against police

JW was assaulted by police at Bankstown Railway Station. After spending four hours in custody, JW lodged a claim against police with the case being settled.

HG v NSW – False imprisonment, assault, battery, malicious prosecution

HG was attacked by a police officer in a hotel before spending four hours in custody. He initiated a claim against the police officer where it was found that the police had lied about their statements regarding the incident. The case was settled.

NO v NSW – Assault, battery and unlawful imprisonment

NO was choked, hit and kicked by a police officer. He was arrested and spent several hours in custody before being released with no further court proceedings. NO initiated action against the police officer with the case being settled.

FR v State of NSW – False imprisonment claim against police

FR was arrested for breaching an AVO condition which had never actually been in existence. He was in custody for five hours.  FR lodged a claim for false imprisonment against the police. The case was successfully settled.

KQ v State of NSW – False imprisonment against police

KQ was arrested for a fine-only offence and spent a night in custody. After being released KQ lodged a claim for false imprisonment and the matter was settled.

IF v State of NSW – Claim against police settled

IF attempted to move towards a friend who police were assaulting and arresting. The police sprayed him with capsicum before assaulting and arresting him. After spending 4 hours in custody the charges were dismissed. IF initiated a claim for false imprisonment, assault and battery. The matter was settled.

DS v State of NSW – False imprisonment, assault, battery

DS was arrested in relation to an alleged assault. It was found that her arrest was instigated for the wrongful purpose of questioning her. DS lodged a claim for assault, battery and false imprisonment. The matter was settled.

BA v State of NSW – False imprisonment, assault, battery

Our client attended a police station to speak about an allegation, however, she was arrested and forced to perform a strip search. She was interviewed and then released. BA initiated proceedings for false imprisonment, assault and battery. The case settled.

CYP – False imprisonment claim against Corrective Services

CYP was sentenced to a term of imprisonment with Corrective Services receiving a warrant of commitment specifying his date of release.  CYP was kept in custody for several dates after his date of release because Corrective Services had failed to note this correctly. We assisted CYP in suing Corrective Services with the matter eventually settled. Our client was appropriately compensated for the time he had been falsely imprisoned in jail.

Suing Security Guards

An Indigenous man failed to stop for an RBT. Police followed him to his home and then used excessive force in arresting the man in his own driveway. They used capsicum spray, pushing him to the ground and handcuffing him before taking him to the police station. Read more here.

A woman protester was arrested by police and experienced a strip search, even possibly on video at the time. We sued the police for unlawful arrest, and achieved a successful outcome for her. Read more here.

You can also read about the case with the fellow female protester, who also suffered a strip search by police.

The claims arose from an incident in a Sydney Western suburbs shopping complex. Two plain-clothed police officers approached the plaintiffs at a café. Without properly identifying themselves by name or station, the officers physically restrained both plaintiffs, and then searched their persons, phones and bags. Read more here.

A man was shuttled around the justice and mental health systems without regard to his rights. We sued the state of NSW. Find out what happened next here

An ADVO was amended to allow LL to be in contact with and in proximity of his partner. Due to police error, client was arrested. He sued police for their error. Read more here

An ADVO was amended to allow LL to be in contact with and in proximity of his partner. Due to police error, client was arrested. He sued police for their error. Read more here

The police in an unmarked police car were pursuing DD. He fell off his motorcycle, stood up and placed both his hands in the air surrendering but was assaulted. Read more here

MR was on a bus and an altercation occurred with the driver. Police attended and forcefully removed him off the bus. The act resulted in a fall causing pain. Read more here

The Plaintiff, CDB, was at home one afternoon when several officers approached his house to purportedly execute a Crime Scene Warrant. The officers handed CDB an Occupiers Notice, began searching the premise, overturning draws and emptying boxes. The police did not return his property until 4 months later. Read more here

Nearly six months after the execution of a search warrant, the Plaintiff voluntarily attended the Police Station. The officer then arrested him for the purpose of conducting further investigations. He was placed in a holding cell for approximately one and a half hours, while investigating officers discussed the matter further. Read more here.

TW, an Indigenous male, was arrested by police officers and detained in a holding cell at a police station. During this time, TW was assaulted by police officers who punched him in the face repeatedly, causing TW to lose consciousness. TW was then left in the holding cell without medical assistance for some minutes. Read more here

K was an inmate at a correctional centre. He noticed a lump on his right testicle and requested medical attention. The Justice Health employees failed to comply with the clinical handover policy and medical appointment system during the transfer by not rescheduling the appointment. Several months later SK had an ultrasound. Analysis of the results led to a diagnosis of testicular cancer. He had to undergo radical orchidectomy surgery to have his right testicle removed. Read more here

STC was travelling on a train when two police officers approached to check for a valid travel ticket. Police alleged STC didn’t ‘tap-on’ his Opal card. A police officer seized and confiscated two mobile phones from STC. The phones were held for 49 days. Read more here

KN, a young person, was the subject of assault, battery, and false imprisonment by police, following a practical joke pulled by his friend. Police ignored his requests for a support person/guardian and legal service. Police also ignored his health problem throughout the unlawful arrest. Read more about his case here

BST is an Indigenous man who was residing at a youth centre at the time of an alleged robbery. None of the CCTV images showed BST being in the company of the victim at any time. Police did not contact a representative of Aboriginal Legal Service (NSW/ACT) Ltd (‘the ALS’) to notify them about BST being in custody. You can read more here

False imprisonment when enquiring with a Police Station George’s* partner took out a Protection Order against him in NSW. The matter was dismissed before a Magistrate, and his partner subsequently …

Read the case here. 

Our client had a brother who was sentenced to life in prison when he was 20 years of age. 

He was a part of the stolen generation in Australia, and he had an extremely hard life. He suffered abuse issues and was moved around a lot to different prisons. We got a successful claim for our client, as it was found that he was treated negligently in prison before he died. 

Read more on the case here. 

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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