A Melbourne resident is filing a lawsuit against Victoria Police, alleging that officers forcibly removed him from his home and slammed him face-first onto the concrete. The incident reportedly occurred because he did not fully open his fly screen door for them.
The man, referred to as Daniel, who is 56 years old, is pursuing legal action against the State of Victoria. He claims he experienced a violent encounter with police at his Chelsea apartment, located southeast of Melbourne, on May 12, 2022.
According to Daniel, two officers, First Constable Mitchell Wilson and Senior Constable Luke Harris, arrived at his residence stating they needed to have “a quick chat” with him.
The officers’ visit was related to allegations that Daniel had damaged a neighbor’s security camera. This accusation was reportedly backed by CCTV footage obtained by both the police and the Daily Mail.
Daniel asserts that when he initially responded to the door, he informed the officers that he was not fully dressed. After taking a moment to put on some clothes, he returned to the door.
The officers allegedly continued to insist that he open the door completely so that they could clearly see him.
But when Daniel briefly cracked it open to show his face before closing it again, things allegedly turned violent.
The confrontation was captured on one of the officer’s body-worn cameras, which has also been obtained by Daily Mail.
Daniel was captured on a neighbour’s CCTV allegedly spitting on the camera
Footage also allegedly caught him tearing the camera down
The footage showed Daniel briefly opening the door, which had the numbers ‘666’ stuck on it, and waving at the officers before they initiated a takedown.
‘Stop resisting,’ the officers told Daniel. ‘Put your hands behind your back.’
Daniel screamed in pain on the footage as the cuffs were applied.
‘Why did you slam my head into the ground?’ he asked.
Daniel is being represented by Arnold Thomas & Becker Lawyers, who say the video raises serious questions about police conduct and use of force in residential visits.
The statement alleges Daniel sustained an injury to his head, cuts to his hand and legs, psychiatric injury, and suffered ‘insult, humiliation and embarrassment’.
His lawyers claim police used excessive force and the arrest was unlawful because he was not properly informed of the reasons and he was not acting unlawfully.
‘You didn’t explain what was going on,’ Daniel told the officers.
Police have been accused of going too far when they came to ‘chat’ with Daniel
Daniel was cuffed and placed in the back of a police van
One of the officers replied: ‘You tried to slam the door in my face.’
Lawyers claim the officers smashed Daniel’s head into the ground, while one used his thighs to pin him in a brutal ‘crouch’ position, applying heavy downward pressure on his back and neck.
The claim alleges nine separate instances of battery and 11 assaults, including repeated rough handling, excessively tight handcuffs, and being marched around while cuffed.
‘Officers said words to the effect of “Got any injuries or illnesses I need to hear of?”,’ the claim alleges.
‘The plaintiff [Daniel] responded: “Yes…a herniated disc in my neck…and I am claustrophobic.”
‘The police officers responded by closing the back door of the police vehicle while the plaintiff remained in handcuffs.
‘Officers intended to create an apprehension of imminent physical harm in the plaintiff’s mind.’
The lawsuit also accuses the officers of breaching Victoria’s Charter of Human Rights, claiming the treatment was ‘cruel, inhuman or degrading,’ violated his right to liberty, and involved arbitrary arrest and detention.
The whole incident was caught on camera by the officers Daniel accuses of roughing him up
Daniel is seeking damages for his injuries, and also wants aggravated and exemplary damages to punish what his lawyers call the officers’ ‘deliberate, intentional, reckless and contumelious [insolently disrespectful]’ conduct.
He claims the officers tried to justify their actions by blaming him for ‘being difficult.’
Victoria Police declined to comment on the allegations.
The matter is set to go to trial over the coming months.
