A teenager’s routine day turned into trauma after a wrongful arrest: Our client, John*, a 16-year-old boy, was waiting by the side of a main road after he ran into difficulty with his bike. What should have been a simple wait turned into a violent and unlawful police incident. He was punched, tackled, and arrested, all without explanation.
With the help of our lawyers at O’Brien Criminal and Civil Solicitors, our client fought back and secured a successful settlement for his wrongful arrest. We represented our client in a civil claim for false imprisonment, assault, battery, and trespass to goods.
Case Summary: Wrongful Arrest
John was approached by a plain-clothes NSW police officer while waiting by the road. Without identifying himself, the officer punched John through his helmet, pushed him over, and tackled him to the ground. John informed the officer he was only 16 and repeatedly asked him to stop. Despite this, the violence continued.
Uniformed officers later arrested John. Then, they conducted an unlawful search. After being detained and injured, John was finally released and treated at the Emergency Department.
Full Overview
John, a young teen, was stranded roadside waiting for his mates. Suddenly, an unidentified man in casual clothes approached and, without saying a word, punched him straight through his helmet. Unknowingly to John, this man was a police officer.
John was pushed and thrown to the ground. While pinned down, he was punched several more times. He cried out, saying he was only 16 years old, and begged him to stop. The officer didn’t stop. Instead, he twisted John’s arm painfully and handcuffed him behind his back.
Uniformed officers arrived. None explained what was happening. John was searched, including a humiliating attempt to retrieve his phone from inside his shorts, and his wallet and mobile phone were taken. When John told one officer he had been bashed, the officer insinuated that he deserved it.
While in the police car, John overheard officers saying they had the wrong person. Still, he was taken to the station and put in a cell. His family came to find out what had happened. Police lied to the family, saying a “civilian” had tackled her son. It was only after repeated demands that the real identity was revealed.
At the hospital, John received treatment for his injuries. The incident left him not only in pain but also feeling distressed, humiliated, and distrustful of the police. Despite the police claiming he had committed an offence, the only legal action taken was a youth caution. Importantly, this action was not for violence or resisting arrest.
Case Outcome
We settled John’s civil claim for false imprisonment, assault, battery, and trespass to goods at mediation. Finally, the State of New South Wales recognised the wrongdoing and harm done to John by the officers. Importantly, the case highlighted issues around police accountability, especially involving minors.
Need a lawyer for wrongful arrest?
If you or your child has experienced mistreatment by the police or a wrongful arrest, don’t stay silent. Our team at O’Brien Criminal and Civil Solicitors are highly skilled in police tort matters.
Read our other successful Case Studies on Actions Against Law Enforcement here.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281.
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*Names and other details have been changed to protect our client’s privacy.
