On 15 June 2020*, our client, Adam* was walking with a friend in Sydney, NSW. They were heading to Service NSW to get a license. Suddenly, two plainclothes officers stopped Adam and his friend, separating them. The officers demanded Adam hand over his phone and informed him they were going to search him.
Our client asked for legal representation for suing NSW Police for assault and battery.
Police trespass
Adam started recording the interaction for his safety. He asked the officers why they wanted to search him. One officer replied that Adam was “obviously trying to avoid police.” The officer then took Adam’s phone. However, told him he was under arrest for failing to comply with their direction.
The officers restrained Adam against a wall and handcuffed him. They conducted a pat-down search, but found nothing suspicious. After a few minutes, they released Adam and handed him a field Court Attendance Notice (CAN).
Can police search your phone?Â
Suing NSW police for assault and battery
A little while later, Adam appeared in court. He pleaded not guilty to the charge of resisting or hindering police. The court found Adam not guilty, ruling that the officers did not have a valid reason for the search. The court also determined that the officers violated legal requirements by failing to provide a reasonable explanation for the search and arrest.
Successful settlement for suing NSW police for assault and battery
Adam filed a claim against the State of New South Wales for false imprisonment, assault, battery, and trespass to goods. The case didn’t resolve at an informal settlement conference. However, after further discussions between the parties’ solicitors, the matter was settled. Adam also received compensation for the damages he suffered.
This case highlights the importance of police officers adhering to the law and respecting individuals’ rights. Adam’s experience demonstrates how the legal system can provide justice when those rights are violated.
Read our successful Civil Case Studies against law enforcement.
Civil lawyer: Suing NSW police
If you or someone you know needs to sue the police, get in touch with our civil lawyers today. To get in touch, please call (02) 9261 4281, or email . We can help arrange a free, confidential consultation for you.
*We changed some details for client privacy.
