Suing police for excessive force in NSW is becoming more common as people step forward to hold law enforcement accountable for misconduct. If you’ve been assaulted, injured or unlawfully detained by police, you may be able to bring a civil claim for compensation. At O’Brien Criminal & Civil Solicitors, we help individuals enforce their rights and seek justice through civil law claims against the State of NSW.
Read our other successful Civil Law Case Studies.
Can You Sue NSW Police for Excessive Force?
Yes. If NSW Police officers used unreasonable or unlawful force against you, you may be entitled to sue for assault, battery, false imprisonment, or negligence. These claims can arise in many situations, including:
- Being pepper sprayed or physically injured during arrest
- Unlawful handcuffing or detention during welfare checks
- Excessive force used against people with disabilities or mental health conditions
- Being arrested without legal justification
You can also sue for trespass if officers entered your home without proper authority or consent. These claims are filed in the NSW civil courts and seek compensation for physical injuries, psychological trauma, and human rights breaches.
Recent Case Study: Pepper-Sprayed and Injured During Mental Health Check
We recently represented a man, John*, who was assaulted by NSW Police during a welfare check. Despite knowing he had mental illness and mobility issues, police sprayed him in the face with capsicum spray inside his home, dragged him to the floor, and handcuffed him. Months later, police returned and kneed him in the ribs during an arrest, causing a fracture.
O’Brien Criminal & Civil Solicitors filed a civil claim and secured a successful settlement on John’s behalf.
Read the full Case Study here.
*We always change names and identifying details in our articles to protect client confidentiality.
How Our Civil Lawyers Help with Suing Police for Excessive Force in NSW
If you’re thinking about suing the police, it’s essential to get the right legal advice. Our experienced civil lawyers in Sydney can:
- Investigate your experience and gather evidence (e.g. Body Worn Video footage)
- Review police records and incident reports
- File a statement of claim in the District Court
- Seek damages for physical injury, emotional harm, and breaches of your rights
- Represent you in negotiations or court proceedings
We are trauma-informed and understand the emotional toll of police misconduct. We fight for accountability and financial justice for our clients.
Talk to a Lawyer Today About Suing Police for Excessive Force in NSW
You don’t have to stay silent if you’ve been mistreated by police. Our team is here to support you through every step of your civil claim.
📞 Call (02) 9261 4281
📧 Email
💻 Enquire online for a confidential consultation.
