Protecting Your Rights: Suing NSW Police for Misconduct
At O'Brien Criminal & Civil Solicitors, we understand that encounters with law enforcement can be stressful. Sometimes they leave individuals feeling violated, mistreated, or unjustly accused. When police officers overstep their boundaries or abuse their power, it's crucial to know your rights and the legal avenues available to seek justice.
No other law firm in Australia has filed more successful lawsuits against the police than our firm. Read our Case Studies for suing NSW police for misconduct and more.
Understanding Your Rights when suing NSW Police for misconduct
As a citizen of NSW, you have the right to sue NSW police for misconduct. While the majority of officers perform their duties with integrity, instances of wrongdoing do occur. Common grounds for legal action against the NSW Police include:
- Malicious prosecution
- Wrongful arrest and false imprisonment
- Assault or battery (excessive force)
- Trespass to property
- Misconduct or malfeasance in public office
The Legal Process
Suing the police is a complex undertaking that requires careful consideration and expert guidance. Here are some key points to keep in mind:
- Time Limitations: Generally, you have three years from the incident to file a civil claim. It's crucial to act promptly to preserve your rights.
- Burden of Proof: Courts apply the Briginshaw standard in these cases, requiring a higher level of proof than in typical civil matters. Your case must be "comfortably satisfied" by the court.
- Evidence is Crucial: Gathering comprehensive evidence is vital. This may include documents, records, witness statements, and any other relevant information that supports your claim.
- Potential Damages: If successful, you may be entitled to various forms of compensation, including general damages for pain and suffering, special damages for financial losses, and in some cases, aggravated or exemplary damages.
Why Choose O'Brien Criminal & Civil Solicitors as your civil lawyer?
Navigating a lawsuit against the NSW Police requires specialized knowledge and experience. Our team of dedicated lawyers:
- Offers expert guidance through every step of the legal process,
- Provides honest assessments of your case's strengths and potential challenges,
- Sometime we work on a "no win, no fee" basis for eligible cases (read more here),
- Has a proven track record of successfully challenging police misconduct.
Suing NSW police for misconduct
Before proceeding with a lawsuit, it's often advisable to explore other avenues, such as filing a formal complaint with the NSW Police or the Law Enforcement Conduct Commission (LECC). Our team can advise you on the best course of action based on your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.