March 22, 2019

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

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

Facts:

MA, the Plaintiff, was being intimate with his partner and having an animated conversation when police approached the couple. Police alleged to have received a call concerning a woman’s welfare and suspected the call was about the couple. The police separated MA from his partner approx. 4 metres apart. During the course of asking MA who called the police, an officer pushed MA, grabbed MA by the back of neck and shoulder and wrestled him to the ground. MA felt considerable pressure on his head and neck and was yelling for the police to get off. Subsequently, a police officer used his elbow to forcefully strike MA across the left side of his face and temple causing him to feel immediate pain. MA was then handcuffed, rolled over, and subsequently searched and moved to a seated position on the ground where he was detained for approximately an hour, before being released. MA sued the State for assault, battery and false imprisonment.

Outcome:

O’Brien Criminal and Civil Solicitors successfully acted for MA, whose proceedings against the State of NSW were resolved by way of settlement before the trial. MA received a significant settlement sum from the State.

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