April 9, 2015

Unlawful Arrest & False Imprisonment – Recent Cases

Read about the many cases where O’Brien Criminal and Civil Solicitors have successfully sued the police on behalf of our clients!

O’Brien Criminal and Civil Solicitors are strong supporters of you asserting your rights when you have been mistreated by those in positions of authority. We are often approached by people who are hesitant to make a claim against authorities because they feel that they do not have a case that is likely to succeed. For this reason we recommend speaking to our specialist unlawful arrest and false imprisonment lawyer in a free first consultation. Our lawyer will listen to your case in a confidential manner and assist you in determining what the best course of action would be.

Here are a number of successful cases where O’Brien Criminal and Civil Solicitors have secured a favourable result for our clients who have made a claim against the police for battery, assault, unlawful arrest, false imprisonment and/or malicious prosecution.

Suing the Police

CDB v State of NSW – Successful claim for false imprisonment, invalid search warrant, trespass to land, trespass to goods

The Plaintiff, CDB, was at home one afternoon when several officers approached his house to purportedly execute a Crime Scene Warrant. The officers handed CDB an Occupiers Notice began searching the premise, overturning draws and emptying boxes. The Plaintiff was unable to leave the premises, and was fearful to object to the actions of the officers. During the execution of the warrant, police seized several of the Plaintiff’s items. The police did not return his property until 4 months later. The Crime Scene Warrant was challenged in the Supreme Court of NSW and declared invalid.  We commenced civil proceedings against the State of NSW for false imprisonment, trespass to land and trespass to goods by NSW Police. The matter was settled out of Court prior to trial and CDB was well compensated.

Keywords: False imprisonment, invalid search warrant, trespass to land, trespass to goods, occupiers notice

VDP v State of NSW – Successful claim for false imprisonment and assault

The Plaintiff, VDP, was in an intimate relationship with a woman he met on a dating website. They had spent numerous nights together and were communicating often. However, one morning the woman made a complaint to the police alleging sexual assault by VDP after a night they had spent together. Nearly six months after the execution of the search warrant, the Plaintiff voluntarily attended the Police Station. The officer then arrested him for the purpose of conducting further investigations. He was placed in a holding cell for approximately one and a half hours, while investigating officers discussed the matter further. The police determined that there was insufficient evidence to charge the Plaintiff with any offence, and the Plaintiff was released from custody without charge.

Keywords: Assault, false imprisonment, police, custody

TW v State of NSW – Indigenous client receives significant compensation after successful claim of assault and battery

TW, an Indigenous male, was arrested by police officers and detained in a holding cell at a police station. During this time, TW was assaulted by police officers who punched him in the face repeatedly, causing TW to lose consciousness. TW was then left in the holding cell without medical assistance for some minutes. Following the incident, one of the police officers was found guilty of assault occasioning actual bodily harm.  We successfully commenced civil action against the NSW Police for assault and battery. TW received significant compensation.

Keywords: Assault, battery, police, correctional facility

SK v State of NSW; Justice Health and Forensic Mental Health Network – Successful claim of negligence 

SK was an inmate at a correctional centre. He noticed a lump on his right testicle and requested medical attention. Sometime later, a Doctor reviewed SK and scheduled an ultrasound at a nearby hospital. Due to procedural complications, another ultrasound appointment had to be booked. Soon after, SK was transferred to another correctional facility. The Justice Health employees failed to comply with the clinical handover policy and medical appointment system during the transfer by not rescheduling the appointment. Several months later SK had an ultrasound. Analysis of the results led to a diagnosis of testicular cancer. He had to undergo radical orchidectomy surgery to have his right testicle removed. We successfully commenced civil action and SK received compensation.

Keywords: Negligence, police, correctional facility, Justice Health, Forensic Mental Health Network

KLS v State of NSW – Successful claim of assault, battery, false imprisonment and malicious prosecution

KLS was having an animated conversation with her partner at a petrol station when police arrived at the scene. Two other officers arrived to the scene and despite KLS’s reassurance, the officers forcefully pushed her partner to the floor. She attempted to assist her partner to his feet, which led to an officer to push and strike her on chest. She was then grabbed by the officer, raised into the air and dropped onto the ground. She suffered immediate pain to her back. Moreover, in the process of putting handcuffs on her the officer had bent her ring finger causing it to snap. We successfully commenced civil action against NSW Police.

Keywords: Police, assault, battery, false imprisonment, malicious prosecution

KV v Western NSW Local Health District & Ors – Client successfully reacquires Working with Children’s Check

KV’s WWCC  was cancelled after the Office of the Children’s Guardian received a workplace record of alleged sexual misconduct against KV. However, the investigation by Police into KV’s alleged offence was discontinued due to no evidence. KV’s employer conducted their own internal investigation and did not sustain the allegations due to insufficient evidence.  We successfully commenced civil action within the NSW Civil and Administrative Tribunal and we were able to successfully reacquire KV’s WWCC.

Keywords: Working with Children’s Check, WWCC, police, NSW Civil and Administrative Tribunal, alleged sexual misconduct, insufficient evidence

STC v State of NSW – Successful claim for false imprisonment, assault, battery, and trespass to goods

STC was travelling on a train when two police officers approached to check for a valid travel ticket. Police alleged STC didn’t ‘tap-on’ his Opal card. A police officer seized and confiscated two mobile phones from STC. The phones were held for 49 days. We successfully assisted STC in his claim against the State of NSW for false imprisonment, assault, battery, and trespass to goods.

Keywords: Assault, battery, false imprisonment, trespass to goods, police, transport officers, Opal card

KN v State of NSW – Successful claim of assault, battery, and false imprisonment against police

KN, a young person, was the subject of assault, battery, and false imprisonment by police, following a practical joke pulled by his friend. Police ignored his requests for a support person/guardian and legal service. Police also ignored his health problem throughout the unlawful arrest. We successfully assisted KN in his claim against the State of NSW doe assault, battery and false imprisonment.

Keywords: Assault, battery, false imprisonment, young person, police

BST v State of NSW – Successful claim for assault, battery and false imprisonment

BST is an Indigenous man who was residing at a youth centre at the time of an alleged robbery. None of the CCTV images showed BST being in the company of the victim at any time. Police did not contact a representative of Aboriginal Legal Service (NSW/ACT) Ltd (‘the ALS’) to notify them about BST being in custody. We successfully assisted BST in his claim against the State of NSW for assault, battery, and false imprisonment.

Keywords: Assault, battery, false imprisonment, Aboriginal, robbery, police

STR v State of NSW – Successful claim for false imprisonment, assault, battery and malicious prosecution

STR, the Plaintiff, suffers from a brain and physical injury following a workplace accident. He also suffers from depression and bipolar disorder. STR appointed a full-time carer. This carer was someone who police later alleged was supplying prohibited drugs. On one occasion, police stopped their car. A police officer arrested STR for supply of prohibited drugs. We successfully assisted STR in his claim against the State of NSW for assault, battery, false imprisonment, and malicious prosecution.

Keywords: Assault, battery, false imprisonment, malicious prosecution, supply of prohibited drugs, police

GP v State of NSW  – Client receives compensation after unlawful imprisonment, assault, and mistaken identity

GP was driving in the direction of her home when an unmarked police vehicle indicated for her to pull over. Police officers informed GP that she was the subject of an arrest warrant for outstanding charges. GP had no knowledge of the alleged criminal activity. We successfully assisted GP in taking action against police for unlawful imprisonment and assault, and the police misidentification that caused her shock, distress and humiliation.

Keywords: Assault, false imprisonment, strip-search, personal search, distress and humiliation, mistaken identity, exemplary damages, aggravated damages.

JR v State of NSW – Client receives settlement sum before trial for false imprisonment and assault

Police did not have reasonable grounds to arrest JR. We successfully assisted JR by bringing action against police for false imprisonment and assault, as he was arrested for the purpose of further investigation and not a lawful purpose.

Keywords: Assault, false imprisonment, AVO, NSW Police, ERISP, Law Enforcement (Powers and Responsibilities) Act

BL v State of NSW – Client successfully assisted in claim of unlawful imprisonment

BL had been exercising outdoors and was driving home in her vehicle when Police stopped her. BL was subject to a stop-and-search of both her vehicle and her person. We were able to assist BL in pursuing a claim against the police.

Keywords: False imprisonment, assault, trespass to person, NSW Police

JN v State of NSW – Client receives settlement sum after unlawful arrest

JN attended a Harvey Norman store to collect an item he had purchased online. A disagreement ensued and store security were called. While existing the store, two officers accosted him. We acted for JN in an action against the police for assault, battery and false imprisonment. The matter was resolved outside of court and JN received a compensation payment.

Keywords: Harvey Norman, action against police, assault, battery, false imprisonment, unlawful arrest

SJ v State of NSW – Client receives significant settlement sum after tort claims

SJ returned from shopping downtown to find a search warrant being executed on her residence in Forbes NSW. Upon arriving, SJ was subject to false imprisonment, assault and/or trespass to the person and trespass to goods by police. We successfully acted for SJ, who commenced proceedings against the police in the District Court. The State of NSW agreed to settle the case outside of court and paid a large settlement sum inclusive of all costs and disbursements.

Keywords: Possession of a prohibited drug – section 10(1), Drug Misuse and Trafficking Act 1985, cautioning of people – section 139, Evidence Act 2011, assault, battery, false imprisonment

FC v State of NSW – Client receives significant settlement sum from police

FC returned from shopping downtown to find a search warrant being executed on her residence in Forbes NSW. Upon arriving, FC was subject to false imprisonment, assault, and/or trespass to the person and trespass to goods by police. We successfully acted for FC, who commenced proceedings against the police in the District Court. The State of NSW offered to settle the case inclusive of all costs and disbursements.

Keywords: Assault, battery, false imprisonment, police, trespass to person, trespass to goods

MA v State of NSW – Client receives significant settlement sum after tort claims

MA was being intimate with his partner and having an animated conversation when police approached the couple. MA sued the police for assault, battery and false imprisonment. We successfully acted for MA, whose proceedings against the State of NSW were resolved by way of settlement before the trial.

Keywords: Tortious claim, tort, assault, battery, false imprisonment, police, settlement before trial

DO v State of NSW – Client receives compensation for claim of wrongful arrest

DO entered a NSW train station, was assaulted by Transit Officers, who then called the police. The police attended, only listened to a version of events given by the transit officers, and arrested DO, taking him into police custody.

Keywords: NSW Police, Train officer, Rail Corporation NSW, assault, wrongfully arrested, battery, false imprisonment

DM v State of NSW – Client receives large settlement sum for false imprisonment

DM was stopped by police whilst driving in NSW and informed that he was subject to an arrest warrant in Queensland. DM was arrested and spent approximately 72 hours in custody before being brought before a court in NSW.

Keywords: NSW Police, QLD Police, Local Court, False imprisonment, Procedure after apprehension – section 83(1) Service and Execution of Process Act 1992 (Cth)

SE v State of NSW – Client receives compensation from police

SE was charged with one count of ‘intimidate police officer in execution of duty’ and served with an AVO. SE was conveyed to a Juvenile Justice Centre and spent over two months in custody. The charge was formally withdrawn and dismissed.

Keywords: False imprisonment, assault, battery, malicious prosecution, intimidate police officer in execution in their duty, assault and other actions against police officers – section 60(1) Crimes Act 1900, juvenile detention

PB v State of NSW – Client sues police after assault, battery and false imprisonment

PB was arrested and charged for use of offensive language in a public place and assault of a police officer. O’Brien Criminal and Civil Solicitors acted for PB in an action against the police for assault, battery and false imprisonment.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, unlawful arrest, false imprisonment, Assault; Battery by police officer

GJ v State of NSW – Client sues police after being arrested for ‘resisting arrest’ at work

GJ was a passenger in a vehicle with friends, which was stopped by police. The police searched him, and nothing was found. He was placed under arrest. GJ brought an action against the police, claiming damages and compensation for assault, battery and false imprisonment.

Keywords: Unlawful arrest, Unlawful detention, False arrest, Action against police, No reasonable suspicion for arrest.

DJA v State of NSW – Client sues police after being arrested for ‘resisting arrest’ at work

DJA was arrested and assaulted by police while working a shift in an inner city bar.

Keywords: False imprisonment; Assault; Battery; NSW Police; Unlawful Arrest; Arrested at work.

GBB v State of NSW – Client sues police after being arrested for allegedly yelling abuse

GBB was arrested and then charged with using offensive language in a public place and assault/resist a police officer in the execution of duty. O’Brien Criminal and Civil Solicitors acted for GBB in an action against the police for wrongful arrest, assault and malicious prosecution.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, unlawful arrest, false imprisonment, malicious prosecution; Assault; Battery by police officer.

WLK v State of QLD – Client sues police after being arrested for minor altercation

WLK, the Plaintiff, was assaulted by Queensland Police while eating dinner at McDonald’s in Surfers Paradise. He was then unlawfully arrested and taken to the police station, and later charged. WLK sued Queensland Police for assault and battery, false imprisonment and malicious prosecution.

Keywords: Queensland Police, Surfers Paradise; Action against Queensland Police; Unlawful Imprisonment; Assault; Battery’ Malicious Prosecution.

BST v State of NSW – Client sues police after being arrested for a previously revoked warrant

BST was unlawfully arrested by Campbelltown Police on a previously revoked warrant. BST was put in the officer’s vehicle and was taken to the police station. The officer took her DNA and placed her in a cell where she was kept until the following morning. Our firm acted for BST and brought a court action against the police for unlawful assault and battery. 

Keywords: NSW Police; Local Court; False Imprisonment; Assault, Battery; Police Mistake; Compensation for Plaintiff.

JG v State of NSW – Client sues police after being arrested without reasonable suspicion 

JG was a passenger in a vehicle with his friends, which was stopped by police. The police searched him, and nothing was found in his possession. He was then informed that he was under arrest, and was summarily placed in the back of the police officers’ vehicle. The police were aware they did not have any evidence to commence proceedings.

Keywords: Unlawful arrest, Unlawful detention, False Arrest, Action against police, No reasonable suspicion for arrest.

BGB v State of NSW – Client sues police after a case of malicious prosecution and unlawful arrest

BGB was walking at night in an inner City suburb with friends. It was alleged by police officers patrolling the area that the defendant yelled abuse at a police officer. The police approached the defendant and a confrontation ensued where the plaintiff was charged with using offensive language in a public place, assaulting a police officer in the execution of his duty and resisting an officer in the execution of his duty.

Keywords: Action against police, Police officer not acting in ‘execution of their duty’, damage property of client, unlawful arrest, false arrest, unlawful imprisonment, malicious prosecution; Assault; Battery by police officer Summary Offences Act 1988 NSW / Good Behaviour Bond / Section 10.

JT v State of NSW – Client sues police after a case of mistaken identity

A case of mistaken identity where the police arrested JT thinking that he was the person named in an outstanding warrant. After he was brought to the police station and questioned on the matter they realised that they had arrested the wrong person with the same name. O’Brien Criminal and Civil Solicitors helped JT sue the police for unlawful arrest.

KS v State of NSW – Client awarded compensation over 3 day hearing

KS was served with an AVO, arrested and then charged with malicious damage after a minor egging incident. The police withdrew the charge at court. We helped KS successfully sue the police for assault, false arrest and unlawful imprisonment. Our client was awarded compensation after a 3 day hearing.

JF v State of NSW – Client sues police for assault, unlawful arrest and false imprisonment

Our client was an Indigenous Australian man who had been charged with and arrested for possessing child abuse material. The police did not find any incriminating evidence, however, he was refused bail and kept in remand for a month before charges were withdrew against him. We assisted JF in successfully suing the NSW police for unlawful arrest and false imprisonment.

JR v State of NSW – Client awarded compensation for suing police for assault, battery, unlawful arrest and false imprisonment

JR was at a bar with his wife when he was assaulted by a bouncer. When the police arrived they arrested him and took him to the police station. He was released without charge a few hours later. JR sued the police in the District Court for assault.

BVM v State of SA – Man sues police for assault, battery, false imprisonment & malicious prosecution

Police had been constantly visiting a neighbour in the apartment below where BVM lived, with many of these times being after midnight. One night the police turned up at 2am which disturbed the residents in the apartment block so BVM yelled over the balcony to tell the police to go away. The police approached his apartment, and after some incidents involving his door, police pulled him out of his apartment. He was arrested, charged with hindering police and resisting arrest, and was subjected to an invasive DNA swab. At court the magistrate dismissed the charges against BVM. He approached O’Brien Criminal and Civil Solicitors who successfully helped BVM to sue the SA police and obtained a significant settlement sum from them.

RTR v State of NSW – Woman sues police for unlawful arrest whilst she videoed them

A good case for showing that an individual has the right to video police as long as they do not hinder police operations. In this case a woman was filming the police when they came to her home and arrested one of her sons. One of the police officers grabbed RTR by the wrist, arrested her and eventually charged her with hindering police and resisting arrest. The charge of resisting arrest was dropped before RTR’s hearing with the Magistrate then dismissing the resisting arrest charge on the basis that it was nonsensical to arrest RTR if she was not hindering police. We assisted RTR in suing the police for assault, battery, unlawful arrest and false imprisonment. She successfully obtained a settlement sum from the police.

AC v State of NSW – False allegations against client leads to false arrest

Directors of an organisation that AC had resigned from made false allegations to the police about her. The police asked her to attend the police station to which they arrested her without adequately investigating the allegations. She was released from custody and approached us to assist her in suing the police for false arrest.

DG v State of NSW Young Indigenous client sues police for false arrest and unlawful imprisonment

A young Indigenous client was near a group of other people who were causing a commotion outside Woolworths. Despite not being involved in the dispute police arrested him, charged him and kept him in custody for one month. We assisted DG in suing the NT police for false arrest and unlawful imprisonment.

RJ v State of NSWClient sues police after they injure him

RJ, a member of the Australian Defence Force, was at a bar in Sydney. After failing to comply with police instructions to leave, RJ was taken to the police station and charged with failing to leave licensed premise. He was assaulted by police which caused him injuries that prevented him from going on tour in Afghanistan. We assisted RJ in suing the police.

EH and PH v State of NSW – Brothers sue for unlawful arrest and false imprisonment after being assaulted by police

Two brothers were badly assaulted by a police officer. The police officer arrested, detained and charged EH and PH with resisting arresting and assaulting police. However, CCTV footage of the incident clearly showed that EH and PH were victims of a brutal assault. O’Brien Criminal and Civil Solicitors represented the brothers who sued the State. They received compensation after the State agreed to settle before the matter went to trial.

BH v State of NSW – Client compensated for being unlawfully arrested by police

BH was arrested, detained, charged and prosecuted for allegedly breaching a condition on his AVO. Our client told police that the condition had been varied by the court previously, however, the police did not believe him. He was found to have been truthful and was released. We assisted BH in suing the State which resulted in a settlement agreement before the case went to court.

JS v State of NSW – Client sued police for brutality

JS was pulled over by police whilst he was driving his son to the hospital. The police officers were dressed in plain clothes when they ordered JS out of his car. After the situation escalated quickly into an argument, the police sprayed JS in the face with capsicum spray. They proceeded to handcuff and arrest him, and charged him with assault and resisting arrest. After being acquitted of the charges he approached O’Brien Criminal and Civil Solicitors. We helped JS sue the police for battery, unlawful arrest and false imprisonment.

GL v State of NSW – Client sued police for unlawful strip search

Whilst attending the Mardi Gras a police drug dog stopped beside GL. Police took GL to a “private” fenced off tent where they commenced a full strip search. However, there was in fact a gap in the tent, and GL was exposed to the view of people outside the tent. We helped GL argue that the strip search was unlawful on the basis that it was not conducted in private. Police agreed to settle with GL.

SG v State of NSW – Client awarded compensation after suing police for mistreatment  

Client made claims against the police in regards to mistreatment in two circumstances. The first incident was when police dragged SG out of the bathroom, naked, into the living room and arrested her. The second incident involved the arrest of SG despite her heightened state of stress. At trial the court found in favour of our client in regards to the two complaints and she was awarded compensation.

AB v State of NSW – Client sues police after being arrested, and then released, for unsubstantiated allegations of sexual assault

AB’s ex-partner contacted the police and made unsubstantiated allegations that AB had sexually assaulted him. Relying on this allegation, a police officer arrested AB when he was living at a hostel. The arrest was public and AB was not given any reasons for his arrest. After being released of the charge AB approached us to sue the police on his behalf. We argued that the allegations were insufficient grounds for his arrest and that the arrest was humiliating and unnecessary. The police settled on AB’s claim of unlawful arrest.

JW v NSW – False imprisonment claim against police

JW was assaulted by police at Bankstown Railway Station. After spending four hours in custody, JW lodged a claim against police with the case being settled.

HG v NSW – False imprisonment, assault, battery, malicious prosecution

HG was attacked by a police officer in a hotel before spending four hours in custody. He initiated a claim against the police officer where it was found that the police had lied about their statements regarding the incident. The case was settled.

NO v NSW – Assault, battery and unlawful imprisonment

NO was choked, hit and kicked by a police officer. He was arrested and spent several hours in custody before being released with no further court proceedings. NO initiated action against the police officer with the case being settled.

FR v State of NSW – False imprisonment claim against police

FR was arrested for breaching an AVO condition which had never actually been in existence. He was in custody for five hours.  FR lodged a claim for false imprisonment against the police. The case was successfully settled.

KQ v State of NSW – False imprisonment against police

KQ was arrested for a fine-only offence and spent a night in custody. After being released KQ lodged a claim for false imprisonment and the matter was settled.

IF v State of NSW – Claim against police settled

IF attempted to move towards a friend who was being assaulted and arrested by police. The police sprayed him with capsicum before assaulting and arresting him. After spending 4 hours in custody the charges were dismissed. IF initiated a claim for false imprisonment, assault and battery. The matter was settled.

DS v State of NSW – False imprisonment, assault, battery

DS was arrested in relation to an alleged assault. It was found that her arrest was instigated for the wrongful purpose of questioning her. DS lodged a claim for assault, battery and false imprisonment. The matter was settled.

BA v State of NSW – False imprisonment, assault, battery

Our client attended a police station to speak about an allegation, however, she was arrested and forced to perform a strip search. She was interviewed and then released. BA initiated proceedings for false imprisonment, assault and battery. The case settled.

 

Others

PA v Telstra Corporation Ltd. – Client sues Telstra for falling into manhole

PA, the Plaintiff, was walking along the footpath in Cronulla when he stepped on a plastic cover over a pit which collapsed. The maintenance work was being carried out by Telstra. At the time of the incident, the pit was left temporarily unattended. No employees were present at the site, and there were no signs or warnings making reference to the hazard, or protective fencing on barricades surrounding it. PA suffered physical injuries. We successfully acted for PA in a claim for compensation against Telstra Corporation Ltd. for personal injuries, loss and damages.

Suing Commonwealth

MAD v Commonwealth of Australia – Successful claim for assault and battery

MAD was a junior apprentice in the Australian Army during the 1970s. He was only 16 years of age. During the course of the Plaintiff’s employment within the army, MAD suffered numerous instances of child sexual abuse by senior apprentices, staff and officers who operated the Army Apprentice School. MAD suffered from child physical abuse at the hands of his senior colleagues on many occasions. We commenced civil action against the Commonwealth of Australia for assault and battery committed by other army personnel. The matter was settled via mediation and MAD received significant compensation.

Suing Corrective Services

CYP – False imprisonment claim against Corrective Services

CYP was sentenced to a term of imprisonment with Corrective Services receiving a warrant of commitment specifying his date of release.  CYP was kept in custody for several dates after his date of release because Corrective Services had failed to note this correctly. We assisted CYP in suing Corrective Services with the matter eventually settled. Our client was appropriately compensated for the time he had been falsely imprisoned in jail.

Suing Security Guards

EA v Commercial Supermarket – Client sues supermarket for false imprisonment

EA was shopping for groceries at the supermarket where he taste tested some grapes. After paying for his groceries a security guard accused him of being a ‘thief’ before arresting and imprisoning him. We assisted EA in suing the supermarket for false imprisonment. The matter being settled outside of court with a monetary sum being paid to EA.