Suing the Police ~ Advice appreciated

[andyb53]

Hi to all.
This is a little of a strange one that I really would appreciate some advice for and also anyone who can recommend a suitable Solicitor based in the South-East. My Problem.....

I am 61 years old a registered disabled man with health and severe mobility issues I am a Blue Badge holder. I have never been in trouble with the police and had no criminal record.
Last March I had a ring on my doorbell and greeted 2 uniformed Police Officers on my doorstep. I welcomed them in and invited to sit down and did they want a cup of tea/ coffee. I was perfectly welcoming and in no way threatening. Within a minute I was informed I was under arrest for sending a distressing letter. Without going into all of the details, Despite telling the Officers of my health mobility and disability problems, I was violently handcuffed, (causing cuts and bleeding to my wrists), and dragged out of my house and down a flight of concrete steps,(bruising and cutting my ankles). I asked them to be careful and to loosen the handcuff but they refused.

I have since photographed these injuries and was seen by a doctor to confirm them I was treated as if I was a violent rapist or robber but at no time at all was I threatening, violent or non-compliant. I was interviewed and admitted sending this letter that I do not even now regret doing. I was charged and appeared in Court and was advised that as I did send the letter, I should plead Guilty!. I received an absolute discharge and was told I must not do it again. No fine or any other penalty. It was, I understand the very lowest "guilty penalty" they could give.

My question is.... Bearing in mind the totally un-necessary use of handcuffs, The police acted in a totally unreasonable and disproportionate manner. The manner and level of violence during my arrest was unbelievable. I complained to Surrey Police and they investigated themselves (the investigation officer was even based in the same police station) Surprise surprise, they say they have done nothing wrong. I believe I have a case against the Police for Assault as they had no need whatsoever to handcuff me in such a violent manner. I am told I cannot sue for false arrest as I did do it and did plead guilty.

Any advice would be much appreciated.

[des8]

Re: Suing the Police ~ Advice appreciated

Having read your post I would suggest you contact a member of the Police Action Lawyers Group (http://www.palg.org.uk).
As they don't give referrals to individual members you will have to search the lists of solicitors in your area and ask the individual firms if they are members.

Others will be along soon to give their advice on your way forward.

[MissFM]

Re: Suing the Police ~ Advice appreciated

This might be helpful:

http://www.findlaw.co.uk/law/governm...ce/500431.html

PACE says that the police officer using force must honestly believe that it is justified and not excessive.

In cases brought against the police involving the question of police brutality, Crown Prosecution Service guidance suggests that the following considerations should be taken into account in assessing the reasonableness of the force used:

• whether the force was justified in the circumstances or whether it was excessive;
• the nature and degree of the force used;
• the seriousness of the offence which the police were trying to prevent, or for which an arrest was being made;
• if the individual was resisting arrest, the nature and degree of force used by the police in order to ensure that the arrest was successfully carried out;
• training or guidance that the police office had undergone, for example, in relation to the use of batons.

Generally, it is considered that force should only be used as a last resort. However, police officers may use force if they feel that they are in serious danger; they do not have to wait until they are physically attacked first.

(my emphasis)