Suing NSW police. When NSW Police officers repeatedly violated a Sydney* woman’s rights, through wrongful arrest, physical assault, and an unlawful home raid, she fought back through the civil courts and won.

This case study examines how victims of police misconduct in NSW can hold officers accountable and seek compensation, even when internal complaints go nowhere.

Read our other successful Case Studies. 

Police Misconduct Claims Against NSW Police

Sarah (name changed for privacy) filed a civil lawsuit against the State of New South Wales after Police officers committed multiple serious breaches of her rights over a two-year period. Her legal claims included:

• False imprisonment arising from a wrongful arrest in 2020
• Assault and battery after a police officer violently attacked her during her arrest
• Trespass following an unlawful home raid
• Misfeasance in public office for repeated misconduct by officers

The case was filed in the District Court of NSW and settled in Sarah’s favour, with the State accepting liability for the actions of its officers.

Read our factsheet on suing the NSW police. 

A Pattern of Police Misconduct

1. Wrongful Arrest and False Imprisonment

Sarah’s ordeal began when she was arrested and charged based on a flimsy allegation that she made a threatening phone call to a police officer. She denied the accusation, was arrested at her parents’ home, and had her phone seized.

After several court appearances and months of uncertainty, all charges were dropped and dismissed by the court. She was finally able to collect her phone, months after her wrongful arrest.

2. Assault by a Police Officer

The situation escalated in January 2021 when Sarah was pursued by police while driving and later crashed her car. After complying with officers and lying on the ground, she was violently assaulted by a senior officer, kneed and punched in the head while already restrained and not resisting.

A fellow officer shouted at the other officer to stop, noting there was a camera recording.

Despite the severity of the assault, no immediate disciplinary action was taken. Instead, she was charged with unrelated driving offences and held in custody for several months. She ultimately appealed her sentence, which was reduced on appeal.

Unlawful Police Raid and Search

The next year, police again targeted Sarah, this time by executing a search warrant on her home. The same officer who had assaulted her a year earlier was the lead officer on this warrant, raising serious concerns about bias and conflict of interest.

Officers failed to properly announce their entry or provide Sarah with a copy of the warrant, despite her asking to see it many times. Police rummaged through her belongings, seized items, and filmed the event only after they were already inside her home. No drugs were found, and no charges were laid.

Ongoing Misconduct and Cover-Up

After the search, the officer made a child protection report against Sarah, alleging drug use in the home, a claim that was unsupported by the search results.

Later that year, Sarah made an official complaint about the original assault. She learned that despite internal reports and her own formal statement, NSW Police had failed to act. Her GIPA (freedom of information) application for records relating to the assault was also denied in full, citing public interest exemptions.

Notably, the officer was later charged and convicted in a separate matter for offences involving data manipulation and perverting the course of justice. His appeal was upheld, but by then, his credibility as a police officer had been publicly questioned.

Successful Civil Claim Against NSW Police

Sarah brought a civil claim for:

• False imprisonment
• Assault and battery
• Trespass to her property and belongings
• Misfeasance in public office

The case highlighted extensive police misconduct, abuse of power, and systemic failures in internal oversight. The matter was settled in her favour, with the State of New South Wales accepting liability for the actions of its officers.

Can You Sue NSW Police for Misconduct?

Yes. This case demonstrates that even when internal police complaints fail and authorities refuse to act, victims of police misconduct can achieve justice through NSW civil courts.

You may have grounds to sue NSW Police if you have experienced:

• Unlawful arrest or false imprisonment: being arrested without proper legal basis
• Police assault or excessive force: physical violence beyond what is reasonably necessary
• Unlawful search or seizure: police entering your property or taking belongings without a valid warrant or proper procedure
• Malicious prosecution: being charged when police knew there was no proper basis
• Misfeasance in public office: officers abusing their powers for improper purposes

Speak to a Police Misconduct Lawyer in NSW

If you’ve been unlawfully arrested, assaulted, or mistreated by police in New South Wales, you don’t have to accept it. Our experienced civil litigation lawyers have a proven track record of holding NSW Police accountable.

Need Help Suing Police in NSW?

If you’ve been assaulted, injured or unlawfully detained by police in NSW, you may be entitled to sue the police for excessive force and claim compensation for your injuries and losses.

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.

*Names and identifying details have been changed to protect client confidentiality.