Our client, Alex*, sued the NSW state after the police unlawfully arrest him at a protest. Namely, he sued the NSW police for false imprisonment, assault and battery.
Police Powers & Protests: What are your legal rights?
Arrested at protest in NSW: police unlawfully arrest
Alex has an Acquired Brain Injury (ABI). Furthermore, he is partially paralysed on the right side of his body. Therefore, he relies on a mobility scooter, he also is only about to stand for around one minute. Additionally, he has a history of negative experiences with the police. And as a result, he does not trust the police.
In October, 2021, Alex was “protesting” at a supermarket. At the time, he was near the doorway but he was not completely blocking people. Shoppers were still able to enter and exit the store. So, he was not a major disruption.
NSW Police unlawfully arrest disabled man at a protest
Shortly after, Aldi managers called the police. When the police arrived, they tried to talk to Alex. But within a few minutes the officers became frustrated at his hostility. During their conversation, a shopper was pulling a dollie. Alex made an effort to move out of the shoppers way. However, the officers paused the shopper and dollie. The officers made it out that Alex was in his way, when he was not. The supermarket manager even said that Alex could stay there as long as he was not in the way.
NSW Police issue unwarranted move on direction
So the officers decided to give him a move on direction for obstructing people trying to go about their shopping. They also said he was acting in a manner that would intimidate members of the public.
Shortly after, they gave the move on direction (MOD) to Alex and they arrested him. The officers dragged him from his mobility scooter along the ground approximately 30-40metres. Then, they put him in the caged truck. At this time, they alleged that he resisted and assaulted the officers. They held him in custody until for hours. In the end, they granted him bail.
Suing the NSW police for unlawful arrest
Therefore, Alex came to O´Brien Criminal & Civil Solicitors for legal representation to sue the NSW state for the officer´s actions.
We found that the arrest was unlawful. Basically, there was as no proper legal basis for the move on direction. A court found in favour of our client.
Read our Case Studies for suing the NSW police.
Civil lawyer in Sydney for suing police
In conclusion, we received a successful outcome for our client. And we can also do the same for you if you want to sue the police. Speak to our civil lawyers in Sydney today.
*Names have been changed for client confidentiality.
