In February 2015, my client, Linda Vernon went shopping with her husband Luke and their teenage daughter in the family car.
Two Police Officers of Lincolnshire Police saw that Luke was not wearing his seatbelt and an argument developed. The Officers decided to arrest Luke for failing to provide his details and not wearing a seatbelt.
Linda decided to record events on her phone and alighted from the vehicle.
Luke considered he had done nothing wrong and so resisted being extracted from the vehicle. Eventually, after a series of knee strikes and deployment of PAVA spray, Luke was arrested and put into the back of a Police van.
In a state of distress, Linda attempted to call a family friend. As the call was answered, Linda felt someone take hold of her right hand. It was one of the Police Officers who was trying to seize her phone and who then violently pushed her across the road. He finally wrenched the phone from her grasp and advised that he had taken possession of Linda’s phone “for evidence.” In fact, he had no power to do this.
Linda suffered both physical and psychological injuries.
I brought a claim on behalf of Linda against Lincolnshire Police for assault. Although the Chief Constable admitted liability, agreement could not be reached as regards the value of her claim. Court proceedings were issued. Shortly before trial, an out of court settlement was finally struck, Linda receiving substantial damages and her legal costs.
All names changed.
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