We represented a man named Ross* who successfully sued the NSW police for assault, battery and false imprisonment.
NSW police guilty of false imprisonment man
One night in June 2023*, Ross, left his house and walked to a 24-hour McDonalds in the nearby town of Marrickville*. At around 2am, Ross entered the fast food restaurant. Shortly after, a sergeant approached him. Then, the officer accused Ross of a crime. The sergeant said that Ross rode his bicycle without a helmet. He also warned our client that doing so carries a $400 fine.
However, Ross denied riding the bike without a helmet. He informed the police officer that he walked to McDonalds. The sergeant then called our client a liar. Additionally, he threatened him with the hefty fine. Ross continued to deny the accusations.
NSW Police assault innocent man
Finally, the officer agreed to let him away with a warning. However, Ross rejected the warning as he did not ride the bike. Then, the officer became annoyed. He made an advance towards Ross and began pushing him back to the exit. As a result, Ross felt very intimidated.
The officer also stepped on his feet twice to stop Ross from moving away. After some further squabbling, the officer grabbed Ross’ arm and removed him from the McDonald’s.
Ross began to film the officer once outside. The officer then issued Ross a warning against swearing in public. Ross again denied this accusation. He also repeated how he did not ride a bicycle.
NSW police officer puts innocent man in headlock
The police officer then returned to his vehicle. As a result, the officer falsely imprisoned our client because he restraint Ross’ movement. Additionally, there was no lawful justification for the use of force or the restraint of his liberty. Furthermore, the officer assaulted and battered Ross when he came into direct contact with his body. Also, when the officer prevented Ross from moving away by standing on his shoes and when he pushed Ross toward the exit.
When the officer was in the car, Ross continued to deny the allegations. He also told the officer to leave. In response, the officer got out of the car and confronted Ross. Then, Ross went back into McDonalds. However, the sergeant went inside and pulled Ross out by grabbing his arm. He then put Ross into an arm lock.
The officer then took Ross’ phone and forced him to sit down. More officers arrived at the scene. They all told Ross to give his full name and address. One officer even said that if Ross did not give his details, they would throw him into a police car and put him into custody for up to 5 hours. So, Ross provided his identification.
Unlawful search of NSW man
The original officer then searched Ross. He said he believed Ross had something on him. Finally, they gave Ross a move on direction.
During this time, Ross was again falsely imprisoned and suffered a loss of his liberty. They unlawfully detained him, put him in an arm lock, and the officers also wrongfully searched him. He also suffered loss and damage as a result of these actions.
Suing NSW police for false imprisonment and assault
In particular, Ross felt confused and humiliated when the officer physically handled him where Ross had done nothing wrong. Ross was simply going about his lawful activities. Therefore, he sued the police.
The court found in favour of our client. He received a great result, the court awarded him fairly for the loss he suffered.
Civil lawyer in Sydney for suing police for false imprisonment
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.
