Police misconduct is more common than many people realise, and it can have life-altering consequences. In New South Wales, individuals who are wrongfully arrested or subjected to excessive force by police officers have the right to pursue legal action through the civil courts.
Claims for false imprisonment, assault, and battery in NSW allow victims to seek compensation and hold law enforcement accountable for abuses of power.
If you were arrested without legal justification, detained longer than necessary, or physically harmed by police, these are not just traumatic events. In fact, they may also be unlawful. Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), police must meet strict conditions when exercising their powers.
These include informing you of the reason for arrest, using only reasonable force, and respecting your legal and human rights. When officers breach these rules, you may be able to file a civil claim.
What is False Imprisonment, Assault, and Battery in NSW?
False imprisonment refers to the unlawful restriction of a person’s freedom of movement. If police detain you without proper legal authority or without telling you why you’re under arrest, this can form the basis of a false imprisonment claim.
Assault, under civil law, does not necessarily require physical contact. It can include any action that causes you to fear immediate unlawful force.
Battery, on the other hand, occurs when police physically harm you without lawful justification—such as pushing, kicking, handcuffing too tightly, or using pepper spray excessively.
Each of these wrongs can be claimed separately or together, depending on the circumstances.
We Are Experts in Police Misconduct and Civil Compensation Cases
At O’Brien Criminal and Civil Solicitors, we are nationally recognised for our work in police misconduct cases. Our Sydney-based civil law team regularly acts for clients across New South Wales who have experienced abuse, excessive force, and unlawful detention at the hands of police officers.
We have successfully sued the State of NSW in a wide range of cases involving:
- False imprisonment without cause
- Excessive force and brutality during arrest or detention
- Racial discrimination and abuse by officers
- Pepper spray misuse, handcuff injuries, or taser incidents
- Unlawful searches and invasions of privacy
Our experienced team understands both the law and the personal toll these events take. We take the time to hear your story, gather strong evidence, and work hard to achieve justice and compensation for our clients.
Read our successful Civil Law Case Studies.
Real Case Example: Violent Arrest of a Young Aboriginal Man
In a recent case handled by our firm, a young Aboriginal man was the victim of false imprisonment, assault, and battery by NSW Police in regional NSW.
Derek* had been staying with family when he was arrested late one night. He was unaware that a warrant had been issued for his arrest. While travelling as a passenger in his cousin’s car, police attempted to stop the vehicle. The driver, scared of police, kept driving a short distance before stopping and urging Derek to run.
What followed was a violent and deeply traumatic encounter. A senior police officer chased Derek, kicked him in the back, pushed him into a barbed-wire fence. While handcuffed on the ground, Derek was twice sprayed in the face with pepper spray, directly, and while the officer twisted his head to ensure full exposure. No drugs or weapons were found, but Derek remained handcuffed and locked in the back of a police vehicle for hours. He was denied water and medical help.
Derek was never informed of the reason for his arrest, in breach of Section 202(1)(c) of LEPRA. We sued the State of NSW on his behalf for false imprisonment, assault, battery, aggravated damages for the racial abuse, and exemplary damages for the abuse of power.
The case settled in Derek’s favour, recognising the severe violations of his rights and the need for accountability.
Read the full case study here.
*We always change details in our case studies to protect client confidentiality.
Your Next Steps: Speak to a Civil Lawyer
If you believe you’ve been unlawfully arrested, physically assaulted by police, or subjected to excessive force, it’s important to get legal advice quickly. Evidence, such as CCTV footage, medical records, or witness accounts, can be crucial in building a strong case.
Our team at O’Brien Criminal and Civil Solicitors can help you understand your rights, assess your claim, and represent you through the entire process.
Need Legal Assistance for False Imprisonment?
If you have suffered false imprisonment by a NSW police officer, you may be eligible for compensation. We are expert civil lawyers in taking actions against the state for police misconduct. Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
Email
Or enquire online for a confidential consultation.
