When arresting client for having a weapon, the police use unlawful force
Background: What Happened
Tim* was in possession of knife and his mother contacted the police in fear that he would hurt himself. Upon the arrival of the police, he was threatened to be shot if he didn’t immediately put down the knife.
Tim threw the knife down and was subsequently aggressively arrested, tackled to the floor, and punched in the face by several officers. During the arrest Tim was hit his head on concrete. He was also struck and kneed by police multiple times in his face, body, and groin areas.
Tim had a seizure while being arrested, and was thrown headfirst into the cage vehicle’s back seat, where he then hit his head on a bench inside. Tim became unwell and frequently puked before being scheduled for treatment pursuant to section 22 of the Mental Health Act 2007 (NSW).
We begin a civil claim against the State of NSW
O’Brien Criminal and Civil Solicitors acted for Tim in a civil claim against the State of NSW for false imprisonment, assault, and battery.
We claimed that the police officers acted in contravention of:
- s 99 of Law Enforcement (Powers Responsibilities) Act 2002 (NSW)
- s 230 of LEPRA
- s 231 of LEPRA
Tim was not trying to flee or oppose being arrested. Hence, the use of force by the police officers was not reasonably necessary to exercise.
We successfully settled the matter before going to the court with our client receiving a favourable monetary outcome.
*Names have been changed to protect the identity of our client