Our client, Derek*, a young Aboriginal man, successfully sued the State of New South Wales. He was assaulted and falsely imprisoned by a police officer in regional NSW. The District Court case highlighted serious breaches of police powers, including the unlawful use of force, racial abuse, and failure to follow basic arrest procedures.
Case Summary: Assault and False Imprisonment by Officer
Derek was arrested in 2021* in a small town in NSW. He had no idea there was a warrant out for his arrest for breaching a community corrections order.
That night, he was a passenger in a car driven by his cousin when police attempted to pull them over. His cousin, nervous and scared of police, kept driving before stopping near home and telling Derek to run. What followed was a brutal arrest by a NSW Police officer that left Derek traumatised and injured.
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What Happened
Derek had been experiencing homelessness. On the night of the incident, he was simply a passenger in a car. When the police activated their sirens, his cousin panicked and drove for a few more minutes before stopping. Derek exited the car and ran, likely unaware of the outstanding warrant.
A senior constable chased him down. Derek reported that the officer kicked him in the back, pushed him into a barbed-wire fence, and screamed racial abuse at him. While he was on the ground, handcuffed, and not resisting, the officer sprayed Derek directly in the face with pepper spray, twisting his head to ensure full exposure. Derek screamed in pain, couldn’t breathe, and was refused water despite repeated pleas.
No drugs or weapons were found on him or in the vehicle. Still, he was locked in the back of the police van for an extended time. They later took him to the local police station, where he was refused bail. He finally appeared in court the next day and was granted release.
Legal Issues and Outcome
Our civil legal team at O’Brien Criminal and Civil Solicitors filed a claim in the District Court of NSW in 2025 against the State. The claim centred on false imprisonment, assault, and battery.
Key legal arguments included:
- Unlawful arrest: Derek was never told why he was being arrested, breaching Section 202(1)(c) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
- Excessive force: Even if the arrest had been lawful, the violent manner in which it was carried out broke the limits set under Sections 230–231 of LEPRA.
- Racial abuse and degradation: These were grounds for aggravated damages.
- Breach of international human rights standards: Including violations of Articles 7, 9, 10(1), and 17 of the International Covenant on Civil and Political Rights (ICCPR).
The court found in Derek’s favour. He received a financial settlement for the physical injuries, psychological trauma, unlawful detention, and violation of his dignity. The police conduct was condemned as an abuse of power.
Suing NSW for Police Misconduct
If you’ve experienced false imprisonment, assault, or battery by NSW Police, you may be entitled to compensation. These types of claims can also help hold law enforcement accountable and prevent further abuse.
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.
Need Help With a Similar Case of NSW Police Assault and False Imprisonment?
If you have suffered false imprisonment by a NSW police officer, you may be eligible for compensation. We are expert civil lawyers in taking actions against the state for police misconduct. Contact us today for a confidential consultation and take the first step towards resolution.
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*We always change details in our case studies to protect client confidentiality.
