Police illegally restrain and search two civilians
The matter involved two plaintiffs, SZM and PQR. They claimed compensation for false imprisonment, assault, battery, and trespass to goods against the NSW police.
The claims arose from an incident in a Sydney Western suburbs shopping complex. Two plain-clothed police officers approached the plaintiffs at a café. Without properly identifying themselves by name or station, the officers physically restrained both plaintiffs, and then searched their persons, phones and bags.
Consequently, believing that their liberty had been unlawfully deprived, the plaintiffs filed Statement of Claims in the NSW District Court. They were seeking civil compensation for:
- trespass to their persons
- battery
- assault
- false imprisonment
- and trespass to their property.
CCTV footage shows police to be in the wrong
The plaintiffs successfully obtained CCTV footage from the shopping complex. This corroborated their encounter with the plain-clothed policemen.
In conclusion, they successfully resolved the claims on the basis of confidential settlement, and got significant compensation without the need for extended litigation.
Keywords:
- Civil settlement;
- police misconduct;
- NSW Police;
- trespass to person;
- trespass to goods;
- false imprisonment;
- assault;
- battery;
- intentional tort litigation;
- State of New South Wales.
O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at
