Justice for Unlawful Arrest and 28-Hour Detention: O’Brien Criminal & Civil Solicitors represented our client in a claim against the NSW Police Force for assault, battery, false imprisonment, and trespass to goods. Our client was subjected to excessive force, arrested without lawful justification, and detained for 28 hours before being released. Learn how we helped our client win their case: NSW Police Sued for Assault.
Case Summary: NSW Police Sued for Assault
Our client was unlawfully arrested in 2021 during an incident at his residence. Police officers used excessive force, pushing him to the ground and placing a knee on his chest and neck, despite his pleas that he had a medical condition. He was then handcuffed, denied access to his medication, and detained at the Police Station for over 24 hours.
The charges laid against him were later dismissed by the court, with a magistrate finding that the police acted outside their lawful authority. Our client suffered physical injuries, including fractured ribs, and severe emotional distress.
Read our other successful case studies for actions against law enforcement.
Case Details: What really happened?
One evening in 2021, NSW Police attended our client’s residence to arrest his partner. As officers engaged with her, our client, who was standing nearby, was suddenly grabbed by police, thrown to the ground, and restrained.
- Police used excessive force, pinning him down with a knee to his upper chest and neck.
- Our client repeatedly told officers he had prior injuries, including prosthetic hips, but they ignored him.
- He was handcuffed and denied access to his essential medication.
- He was transported to the Police Station and held for 28 hours before being granted bail.
- After his release, medical scans confirmed he had suffered fractured ribs due to the police’s excessive force.
- In 2022, the charge against him was dismissed in court, and his legal team successfully applied for costs.
Our client’s arrest and treatment by police were not only unlawful but caused lasting physical and emotional harm.
Legal Action: NSW Police Sued for Assault
O’Brien Criminal & Civil Solicitors filed a claim against the State of New South Wales, arguing:
✅ False imprisonment – Our client was detained without a lawful reason.
✅ Assault and battery – Excessive force was used against him, resulting in injuries.
✅ Trespass to goods – Police unlawfully took his phone and keys.
The case highlighted serious police misconduct, including failure to follow legal arrest procedures and the use of unnecessary force against an individual who posed no threat.
Seek Legal Help for Suing Police
If you have been unlawfully arrested, assaulted by police, or falsely imprisoned, you have legal options. Our expert lawyers at O’Brien Criminal & Civil Solicitors fight for justice and hold police accountable for misconduct.
📞 Call (02) 9261 4281 or enquire online for a free consultation with our experienced legal team.
Read our other successful Civil Law Case Studies here.
