In a distressing case of mistaken identity, three Aboriginal plaintiffs represented by our firm experienced undue hardship when they were mistakenly detained by the police. The incident, which involved being stopped, handcuffed, and held at gunpoint, was a terrifying ordeal for the plaintiffs. As a result, our clients ended up suing the police.
A journey takes a harrowing turn
In 2021, our three clients, the Smith’s, were traveling from NSW to a small town in Victoria when their journey took a harrowing turn. Upon approaching a checkpoint, their vehicle was wrongly suspected of involvement in an armed robbery.
This misidentification led to a severe police response: the vehicle was forcibly stopped, and the plaintiffs were commanded at gunpoint to lie on the ground and were handcuffed. The ordeal lasted about an hour, ending only when detectives arrived and recognized the mistake, apologizing to the shaken plaintiffs, before releasing them.
Unlawful detainment results in suing the police
The sequence of events as described in the court documents portrays a deeply troubling abuse of power. According to the statement of claim, “approximately five or six officers drew their weapons and pointed them at the Plaintiffs’ vehicle” as they approached the checkpoint. This excessive use of force continued as the plaintiffs were ordered out of their vehicle, forced to the ground, and handcuffed without explanation. During their detention, they were subjected to invasive searches, and their personal effects were temporarily seized.
The legal claim detailed false imprisonment, assault, battery, and trespass to goods, emphasizing the lack of reasonable grounds for the officers’ actions under section 459 of the Crimes Act 1958 (VIC). Furthermore, the plaintiffs reported significant emotional and psychological distress, which was compounded by the fear that their race may have influenced how they were treated by the police.
Case Outcome
This case was successfully resolved in favour of the plaintiffs, who sought damages for the violations they suffered. These included claims for aggravated and exemplary damages highlighting the police’s excessive and inappropriate actions. The resolution included compensation for the plaintiffs, recognizing the undue distress and the violation of their rights.
Lawyer for suing the police for unlawful detainment
If you or someone you know has been subjected to similar treatment by law enforcement, it is crucial to seek legal advice to protect your rights. 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 to discuss your case and provide the support you need.
No other law firm in Australia has filed more successful claims against the state.
