Our client, Tom*, a young Aboriginal man, faced a traumatic encounter with police. They were conducting a welfare check initiated by his psychologist. What began as a call for mental health support escalated into an excessive police assault and false imprisonment.

With the help of O’Brien Criminal & Civil Solicitors, Tom took legal action to hold the police accountable.

Case Summary: Suing for Police Assault

Police arrived at Tom’s home following concerns raised by his psychologist. Instead of providing help, officers used excessive force, kicking down his door, tasering him multiple times, and physically assaulting him. They forcibly detained him under the Mental Health Act and transported him to the hospital, where he was further mistreated. Tom suffered serious injuries, including a fractured eye socket, and endured emotional distress.

Detailed Overview of the police assault

Tom spoke to his psychologist. Concerned, the psychologist contacted emergency services for a welfare check.

Police arrived at Tom’s apartment shortly after. When Tom refused to voluntarily go to the hospital, the situation escalated. The officer then kicked the door multiple times, shouting threats. Eventually, they forced entry, tasered him, and tackled him.

While restrained, Tom was pepper-sprayed in the face and tasered again. Officers pinned him to the ground, striking him repeatedly. Then, they handcuffed him, dragged him outside, and transported him to the hospital in a caged vehicle.

At the hospital, police restrained Tom on a bed, forcibly removed his clothes, and injected him with a sedative. He was eventually discharged, but not before enduring hours of humiliation, pain, and fear.

Case Outcome

Tom turned to O’Brien Criminal & Civil Solicitors for help. We filed a claim for assault, battery, false imprisonment, and trespass. The legal action highlighted the police’s excessive and unwarranted use of force, as well as the broader failures in handling mental health incidents.

Tom’s courage in pursuing justice not only shed light on police misconduct, but also emphasised the need for reform in managing mental health crises.

Seek Justice for Police Assault

If you’ve experienced police misconduct, O’Brien Criminal & Civil Solicitors can help. We fight for your rights and ensure accountability.

Need a Civil Lawyer?

If you or someone you know needs legal representation, speak to our civil lawyers today.

To get in touch:

• Please call (02) 9261 4281,
• Or email .
• In some cases, we can help arrange a free, confidential consultation for you.*
• Read our other successful Civil Case Studies. 

*We changed some details to protect our client’s privacy.