A guy from Melbourne is suing Victoria Police for allegedly dragging him from his house and slamming him face-first into pavement because he refused to unlock his fly screen door for them.
The 56-year-old Daniel (not his real name) is suing the State of Victoria for what he claims was a violent police takedown at his Chelsea unit, which is southeast of Melbourne, on May 12, 2022.
First Constable Mitchell Wilson and Senior Constable Luke Harris, according to him, showed up at his front door and said they were simply looking for “a quick chat.”
The visit was related to claims that Daniel had previously damaged a neighbor’s security camera; police and the Daily Mail were purportedly able to get CCTV evidence of the event.
Daniel reportedly told them he wasn’t fully clothed when he answered the fly screen door. He hastily put on some clothes and went back to the door.
In order to “see who they were speaking to,” the officers allegedly persisted in pressuring him to open it completely.
However, things apparently became violent when Daniel momentarily opened it to reveal his face before shutting it again.
One of the officer’s body-worn cameras, which Daily Mail has also obtained, filmed the altercation.
Daniel was allegedly caught spitting on a neighbor’s security camera.
Additionally, footage purportedly showed him destroying the camera.
Before the officers started a takedown, Daniel was seen in the video briefly opening the door with the numbers “666” affixed to it and waving at them.
Daniel was urged by the officers to “put your hands behind your back” and “stop resisting.”
On camera, Daniel cried out in agony when the handcuffs were put on.
He questioned, “Why did you slam my head into the ground?”
The footage, according to Daniel’s attorney Arnold Thomas & Becker Lawyers, raises important concerns concerning police behavior and the use of force during residential visits.
According to the statement, Daniel had cuts on his hands and legs, a brain injury, a mental damage, and “insult, humiliation, and embarrassment.”
Daniel told the officers, “You didn’t explain what was going on.” According to his attorneys, the police used excessive force and the arrest was illegal because he wasn’t properly informed of the reasons and wasn’t doing illegally.
When it comes to “chatting” with Daniel, police have been accused of going too far.
After being handcuffed, Daniel was put in the rear of a police van.
“You tried to slam the door in my face,” one of the officers retorted.
Attorneys assert that one of the cops used his thighs to put Daniel in a vicious “crouch” position, applying intense downward pressure on his neck and back, while another officer bashed Daniel’s head into the ground.
Nine distinct battery incidents and eleven assaults are alleged in the suit, along with overly tight handcuffs, frequent physical treatment, and being marched around while handcuffed.
According to the claim, “Officers said words to the effect of “Got any injuries or illnesses I need to hear of?” “The plaintiff [Daniel] responded: “Yes…” a herniated disc in my neck…” and “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.”
The case also alleges that the officers violated Victoria’s Charter of Human Rights by treating him in a “cruel, inhuman, or degrading” manner, violating his right to liberty, and making arbitrary arrests and detentions.
Daniel claims that the officers who filmed the entire incident roughed him up.
In addition to aggravated and exemplary damages to compensate for his injuries, Daniel’s attorneys claim that the officers’ actions were “deliberate, intentional, reckless and contumelious [insolently disrespectful].”
He says the police attempted to defend their actions by accusing him of “being difficult.”
Regarding the accusations, Victoria Police declined to comment.
The trial is scheduled to take place in the upcoming months.
