One morning in November 2012 a search warrant was lawfully executed by officers of West Midlands Police upon my client’s home in the West Midlands. Entry and initial search were lawful, as was the arrest for possession of cannabis of my client, Matt Simpson.
Upon forced entry by 6/7 uniformed officers, Matt immediately confessed and advised that he had a few cannabis plants growing in the attic. Matt was taken into his living room by PC Staples who forced him to sit down on an armchair.
A second officer, PC Aziz stood at the doorway. Matt’s girlfriend, Susan was then brought into the room together with her brother, Rafe.
After a few minutes an officer confirmed that cannabis plants had been located whereupon Matt was handcuffed.
Although Matt was calm and cooperative, he took a dislike to PC Staples picking up various items and putting them in his pocket. Matt objected, asserting that this was stealing and that an evidence bag should be used.
PC Staples replied, “I’m just freeing up my hands.” Matt continued to object but was not abusive, threatening or aggressive.
Suddenly PC Staples rushed across the room and punched Matt in the eye with his right fist. PC Staples’ momentum was such that he then landed upon Matt, elbowing him to the ear three or four times.
The attack was witnessed by PC Aziz, Susan and Rafe.
PC Staples then shouted “He’s volatile, he’s volatile. Let’s get him in the van.”
PC Staples then pulled Matt out of the armchair, bent him over double with his face towards the floor, and took him outside to a marked police van. Matt was then pushed into the van and forced down into the middle seat on the driver’s side whereupon PC Staples shouted at him “You’re nothing but scum.”
Matt told PC Staples that he would not get away with his actions. “Who is going to believe you?” replied PC Staples.
The officer then started kicking Matt with his right foot to the left side of his body whilst PC Aziz held him down.
Although Matt was in immediate pain he told PC Staples “You kick like a woman.” PC Staples replied, “What about this then?” He then grabbed hold of two seats and with more force kicked Matt several more times and all the while with more force while Matt was still being held down by PC Aziz.
Matt was then taken to his local police station. Upon arrival PC Staples went into the custody suite while Matt was held in a holding room. When he returned, PC Staples said “You keep your mouth shut ‘cos the Sergeant’s in a very bad mood and he doesn’t wanna hear what you’ve got to say.”
Matt was then taken before the Custody Sergeant whereupon Matt told him that PC Staples had given him “a good hiding” and that he wanted to pursue a complaint. He then said to PC Staples “You’re not gonna get away with this.”
Matt was processed and then later interviewed about the cannabis. Matt made full admissions and was subsequently prosecuted.
I intimated a claim against West Midlands Police who denied liability. Following the institution of court proceedings, the Police maintained their denial and the case proceeded to trial.
In support of his claim, expert evidence was obtained from both an orthopaedic expert and psychiatrist. By reason of the incident, Matt sustained a black eye, bruising to his shoulders, back and left hip. On the balance of probabilities, the orthopaedic expert considered that the incident had triggered an episode of sciatica. Matt also suffered psychological trauma by reason of the incident. He complained of flashbacks, nightmares, avoidance behaviour, hypervigilance, being easily startled, anxiety and disturbed sleep and appetite which were all related to the event. It was said that Matt’s symptoms met the diagnosis for Post-Traumatic Stress Disorder
Shortly before trial, West Midlands Police agreed an out of court settlement of £61,500.
All names changed.
You must be logged in to post a comment.