Client Assaulted By a Prison Officer Wins Compensation
What Was the Case?
The claimant was serving time in prison where he was assaulted by a prison officer, employed by the defendant. As a result of the alleged assault, the claimant sustained an injury.
The officer in question stated that the claimant had tried several times to punch him. Because of this, the officer instigated control and restrained the claimant, with the assistance of two other officers.
The court did not accept that the claimant was trying to punch the officer as alleged. Therefore, the court went on to find that the control and restraint were unnecessary, unlawful, and unreasonable. For that reason, the assault amounted to battery.
Defendant’s Request for an Appeal
The defendant asked for permission to appeal this judgment made. This was on the basis that the claimant’s own evidence was to the effect that the officer might reasonably have felt threatened by the claimant’s actions. Therefore, the control and restraint were reasonable and lawful.
The court, however, rejected this submission for appeal. This is because the defendant’s officer was sure in his allegation that the claimant was trying to punch him. The officer did not describe himself as instigating control and restraint of the claimant because he felt threatened. This is despite no evidence being provided of the claimant actually trying to punch the officer. Accordingly, the court felt that it was not open to the defendant to invite dismissal of the claim. The defendant’s officer chose to make the allegation of a genuine attempt to punch him.
The court did not feel the defendant could claim success, despite that court’s rejection of that allegation, based on the claimant’s own evidence that his actions might have caused the officer to feel threatened. Even though the claimant’s actions could have turned into assault, this was never put to the test. The court accepts that it was not reasonable to go straight to control and restraint without the claimant attacking the officer and without any attempts to remedy the situation first. The claimant acknowledged this in his evidence but it was not the factual assertion made by the officer in question.
As a result, the court refused the request for permission to appeal.
How Our Personal Injury Solicitors Can Help?
Here at AWH Solicitors, we specialise in helping those who have suffered from preventable injuries in prison. If you have had an injury such as you have been assaulted by a prison officer, or you have experienced any form of negligence that has put you in danger, then we can help you.
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- Karl Kalina Associate Solicitor view profile