Our client, Jessica*, was a pregnant Indigenous woman. In 2020, she was ejected from a hotel in Manly*. A security officer pushed Jessica whilst she left the hotel. As a result, she hurt her leg*. NSW police officers arrived at the hotel carpark.
Jessica asked the officers to call an ambulance. She needed medical attention urgently for her leg*. However, officers arrested Jessica instead. They refused to call her an ambulance.
NSW Police caught mocking woman on phone recording
Jessica held crucial evidence in this case. During her arrest, she left her phone recording. It captured the officers making vulgar remarks about our client. Whilst in the police van, police taunted her and laughed at her for crying.
They brought her to a local police station. Then, they placed her in a holding cell. Additionally, the police strip-searched her. They also removed her clothes and left her in the cell just wearing underwear. To strip search pregnant women lacks respect for their dignity.
Charges against Indigenous woman dropped despite strip-search pregnant
Police charged our client with failing to leave the premises after being ejected from it. Furthermore, they also charged her with resisting an officer in the execution of their duty. However, the court dropped both of these charges.
Our client claimed for multiple things. For one, false imprisonment. In particular, the officers did not tell Jessica why she was arrested. Additionally, the police did not warn her before the arrest.
Jessica claimed damages for assault and battery too. Namely, her unlawful arrest and strip-search constituted an unlawful infliction of force. As a result, she feared further imminent unwanted physical contact.
We got a successful outcome for our client. The court found in favour of our plaintiff.