This case concerns the excessive force by police officers and an unlawful arrest of a young man at a western Sydney train station. Our client was on his way to visit his seriously ill grandmother in hospital. He was stopped and searched by police, subjected to excessive physical force by multiple officers, and placed under arrest. All charges against him were subsequently withdrawn and dismissed.
O’Brien Criminal & Civil Solicitors acted for our client in bringing a civil claim against NSW Police and a civil claim against the State of New South Wales.
Background To The Excessive Police Force And Unlawful Arrest
In early 2024*, our client was travelling through a western Sydney train station. He was on his way to visit his seriously ill grandmother at a major public hospital.
Our client jumped a ticket barrier because he did not have sufficient money for a fare. A police officer stopped him, obtained his details, and conducted a general search. Our client did not consent to the search.
During the search, police removed several personal items, including two mobile phones and two nicotine vapes. The officer seized the vapes, claiming they were illegal, and threw them in a bin. Our client asked for them back. He had only two vapes for personal use, which was within the lawful permitted quantity under NSW law.
A dispute followed. Our client repeatedly asked police to explain the legal basis for the search and the disposal of his property.
Shortly afterwards, two police officers grabbed our client and dragged him towards the ticket barriers. He fell to the ground. Three officers then restrained him using force, including pressure applied to his arms, torso, legs, and neck.
While being restrained, our client struggled to breathe. He was unable to comply with police directions because of the way he was being held.
During the restraint, our client’s trousers were pulled down. His underwear was exposed in a crowded public train station. This caused him significant humiliation.
Our client was arrested and handcuffed. While being escorted to a police vehicle, he collapsed and said he could not breathe. An ambulance was called. He was transported to a local public hospital. The arrest was subsequently discontinued.
Court Case For Suing Police For Excessive Force In Sydney
Our client was charged with offensive language, assaulting a police officer, and resisting or hindering police.
All three charges were withdrawn and dismissed by police in early 2025*.
Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), police must have a lawful basis for conducting a search. Officers must use no more force than is reasonably necessary when carrying out an arrest. The conduct in this case raised serious questions about whether those requirements were met.
The Impact Of The Excessive Police Force On Our Client
Our client suffered a panic attack as a direct result of the incident. He was transported to hospital by ambulance.
The incident occurred in public, at a busy train station. His trousers were pulled down in front of bystanders. The humiliation and distress caused by this were significant.
Our client was restrained by multiple officers at once. Force was applied to his neck while he was on the ground and struggling to breathe.
Every charge brought against him was ultimately dismissed.
Your Rights During A Police Search In NSW
Under LEPRA, police must have a lawful reason to stop and search a person. Officers are required to tell you the reason for the search. The search must be conducted in a way that respects your dignity.
Police may only use force that is reasonably necessary. If you believe police have used excessive force, you have the right to make a complaint.
Complaints about NSW Police conduct can be made to the Law Enforcement Conduct Commission (LECC).
You also have the right to seek legal advice. Where police conduct is unlawful, you may be able to bring a civil claim against NSW Police.
Read our other Civil Law Case Studies
The Civil Claim Against NSW Police
O’Brien Criminal & Civil Solicitors brought a civil claim on behalf of our client against NSW Police and the State of New South Wales under the Law Reform (Vicarious Liability) Act 1983 (NSW).
The causes of action included:
- Assault and Battery: Police officers used excessive force in grabbing, dragging, and restraining our client. Three officers applied simultaneous force to his arms, torso, legs, and neck while he was on the ground and unable to breathe freely.
- Unlawful Arrest: The arrest lacked lawful basis. All charges were withdrawn and dismissed without prosecution.
- False Imprisonment: Our client was handcuffed and detained against his will without lawful justification.
- Trespass to the Person: The physical restraint included pulling down our client’s trousers in a crowded public space, causing humiliation and distress.
- Conversion: Police wrongfully seized and destroyed our client’s two nicotine vapes. These were lawfully possessed for personal use and within the permitted quantity under NSW law.
- Negligence: Police failed to exercise reasonable care in carrying out the arrest and the search.
Outcome Of The Civil Claim Against NSW Police
The matter was resolved by way of a confidential settlement with the State of New South Wales. Our client received compensation for the physical, emotional, and personal harm he suffered as a result of the incident.
Speak To Our Excessive Force Lawyers In Sydney For Suing Police
If you have been subjected to excessive police force or an unlawful arrest, you may be entitled to compensation. Contact O’Brien Criminal & Civil Solicitors today to speak with an experienced suing the police lawyer in Sydney.
*We always change the names and other identifiable details in case studies to protect client privacy.
