Police Sued For Assault, Battery And False Imprisonment
In 2021*, police arrested our client, Jack* who was an Indigenous child. He was only 16 years old at the time of the incident. As a result of his treatment, Jack used our firm when suing the police, the defendant, for false imprisonment, assault and battery.
Suing the Police for assaulting Indigenous child
On the day of the arrest, Jack was in Newtown*, in Sydney’s inner western suburbs. Just before 11pm, six plain clothed police officers approached Jack. Suddenly, an officer grabbed Jack and threw him on to the ground, on to his stomach. He put Jack’s hands behind his back, handcuffed him, and placed him under arrest. Then, the police officer grabbed Jack and pulled him onto his feet. He walked Jack over to the side of the street. He then forced him to sit in the gutter of the street.
Later, the officer began interrogating Jack. He asked Jack questions such as: ‘What boys were you with’ and ‘Where did they run off?’
In response, Jack replied “no comment” to each question. Then, a police car arrived at the scene. Another officer asked for Jack’s name to which he responded correctly. This police officer randomly kicked Jack, making contact with his chin. As a result, Jack’s head was thrown back aggressively. This officer then spat on Jack.
We NSW Police sued for false imprisonment
Shortly after, a police caged vehicle arrived. An officer searched Jack, finding only a pair of gloves. The officers then brought Jack to the police station. They charged Jack with multiple crimes, including:
- Aggravated break and enter and,
- Unlawful entry on enclosed lands.
Senior NSW police officer suspended for assaulting a child
However, an internal investigation commenced looking at the force the officers used against Jack. As a result, they charged the officer that kicked and spat on Jack with common assault. The New South Wales Commissioner of Police suspended the officer and also applied to dismiss him.
We argued that Jack was falsely imprisoned. From the time they put him in handcuffs, until his release from custody, he lost control of his freedom. Additionally, the officers failed to tell Jack that were in fact police officers at the time of the arrest. They also did not tell him the reasons for the arrest. The officer’s also used unnecessary force during the arrest.
Above all, the kicking and spitting constituted an assault and battery charge. Therefore, Jack suffered pain, discomfort, mental distress, humiliation, and a loss of dignity. Additionally, we noted that as Jack was under 18, he was extremely vulnerable in this situation.
Suing the police for assault: the outcome
Finally, we filed a claim for false imprisonment, assault, and battery on behalf of our client. The court found in our favour and our client was compensated fairly.
*We changed the name and location to protect the identity of the client.
Do you need to sue the police for assault?
If you want to sue the police for assault or battery, contact us. 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.
