KLS v State of NSW - Successful claim of assault, battery, false Imprisonment and malicious prosecution
Police intervene in alleged domestic dispute
KLS was having an animated conversation with her partner at a petrol station when police arrived at the scene. Police earlier received a phone call concerning a woman’s welfare. KLS in a sarcastic manner said to the officers “thank God the police are here, he’s over there.”
The officers then approached KLS and her partner. Despite constantly reassuring the officers that she was okay, the officers continued to interrogate and question them both.
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. The officer then grabbed KLS, 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.
She was taken to the local station and issued a Future Court Attendance Notice charging her with multiple offences. These offences were ultimately withdrawn or dismissed at hearing.
Sue Police: Assault, Battery, False Imprisonment, Malicious Prosecution
O’Brien Criminal and Civil Solicitors subsequently commenced civil action against the NSW Police for assault, battery, false imprisonment and malicious prosecution. KLS received significant compensation.