Suing for Police Misconduct, Assault and False Imprisonment: O’Brien Criminal & Civil Solicitors successfully represented two plaintiffs in their claims against New South Wales police.
Our clients were subject to assault, false imprisonment, and police misconduct by officers. The case highlighted excessive use of force by police officers, including a gun being pointed at a minor’s head. Legal action was taken to hold the officers accountable and seek justice for the plaintiffs.
Suing for Police Misconduct, Assault and False Imprisonment
In this case, our clients were stopped by NSW Police while driving near their home. One of our clients was removed from his vehicle and forcibly handcuffed without warning. Meanwhile, the other, who was only 16 years old at the time, had a gun pointed at his forehead before being thrown to the ground and handcuffed.
Despite no charges being laid against our 16-year-old client, he was subjected to an unlawful search and detention. The first client was later fined for failing to stop his vehicle. However, both plaintiffs suffered significant distress, fear, and humiliation due to the officers’ excessive and unnecessary use of force.
What happened?
When our client parked outside his family home, the police vehicle blocked his car.
- The first client was immediately pulled from the vehicle, thrown to the ground, and handcuffed by police officers.
- The second had a gun pointed at his head by an officer before being forcibly removed from the car.
- He was also then thrown onto the ground, handcuffed, and searched without any lawful reason.
- He was later released without charge, confirming the police had no valid reason to detain him.
- The first client was eventually issued infringement notices for failing to stop but was otherwise compliant.
The violent and unjustified treatment of the plaintiffs, particularly against our client who was a minor, was a serious violation of their rights.
Case Outcome: Suing for Police Misconduct, Assault and False Imprisonment
A legal claim was filed against the State of New South Wales, holding the NSW Police accountable for:
- Assault and battery: Excessive force used against both plaintiffs, including physical restraint and pointing a firearm at a minor.
- False imprisonment: Both plaintiffs were detained unlawfully without reasonable cause.
- Trespass to goods: The police unlawfully took Adam’s phone and demanded access to it.
The case reinforced the importance of police accountability and the rights of individuals to be protected from unjustified use of force.
Civil Lawyer for Suing for Police Misconduct, Assault and False Imprisonment
If you or a loved one has experienced police misconduct, unlawful detention, or excessive force, you have legal options. O’Brien Criminal & Civil Solicitors specialise in holding authorities accountable and fighting for justice.
📞 Call (02) 9261 4281 or enquire online to book a free consultation* with our experienced legal team.
Read our other successful Case Studies.
*We changed details to protect our client’s privacy.
