Man who had been sprayed with pepper and had broken his leg so badly that he was left permanently DISABLED sues the police
A man who was sprayed with pepper and broke his leg so badly that he was permanently TURNED OFF after police made a wrestling move while arrested received $ 718,000
- Matthew Charles Crossley has won a payout of over $ 700.00
- His leg was broken during a ‘violent’ arrest by police officers in Adelaide in 2013
- Judge Sydney Tilmouth said the ‘humiliating’ arrest was accompanied by ‘excessive violence’
A man who was permanently disabled after being sprayed with pepper and thrown to the ground in a “violent” arrest has won more than $ 700.00 in damages.
Matthew Charles Crossley had his leg broken by the police during his arrest on Bank Street in Adelaide in March 2013.
His leg was broken so badly that he had to place a 40 cm long metal bar, and he was left permanently limp and other complications.
A verdict published this week after a hearing before the South Australia District Court suggested a payout of $ 718,000.
But he could get an even bigger salary – where the court has not yet determined whether he should be compensated for losses like retirement, further damage, interest and court costs.
Matthew Charles Crossley had his leg broken by the police during his arrest on Bank Street in Adelaide CBD in March 2013
Police used Mr. Crossley twice with paprika spray and used a ‘figure four leg lock’ (photo) to stop him. He was also not clearly told why he was arrested
Earlier this year, the court ruled that the police used “excessive force” during the arrest, blaming the three officers for battery charges.
Police used Mr. Crossley twice with a pepper spray and used a “four-legged figure” to stop him. He was also not clearly told why he was arrested.
Judge Sydney Tilmouth found that the arrest was unnecessarily violent in a judgment released this week.
“The blatant manner of his arrest and the excessive use of force is particularly culpable,” said Judge Tilmouth.
“There was a blatant disregard for his freedom and rights, which went beyond reasonable law enforcement.”
He described the behavior of arrest agencies as “particularly powerful” and said the public character would have contributed to a sense of embarrassment for Mr. Crossley.
“The situation was both demeaning and demeaning as it took place in public with so many spectators present and because of the excessive use of force,” he said.
While the leg lock is an approved measure of restraint within South Australia Police, the maneuver was believed to have been performed incorrectly.
The officer probably put his entire body weight on Mr. Crossley during the arrest.
But the judge ruled that there was no evidence of “institutional abuse” because the officer had not intentionally caused an injury.
At the court hearing, Crossley told the court in the six months after the arrest that he was forced onto crutches, but otherwise was “essentially bed-bound.”
Reviews from medical professionals revealed that he sustained permanent damage, resulting in mobility problems and exacerbated psychological trauma.
The hearing also heard that he had become sharp around the police and was struggling to find work due to his physical limitations.
“I am physically incapable. I always hurt myself. “I don’t know what I would do now,” said Mr. Crossley at the hearing.
Crossley was arrested on Bank Street in Adelaide (pictured), where he was thrown to the ground and sprayed twice in front of the spectators
Judge Tilmouth issued a $ 700.00 reimbursement of medical expenses, loss of earnings and reconciliation for pain and suffering, and loss of pleasure in life.
Further decisions will be made about compensation claims for pension losses, exceptional damage, interest and costs.
The case will be closed at a later date.
A South Australia police spokesperson told Daily Mail Australia in a statement that they were unable to comment until the proceedings were completed.
“SAPOL has no comment at this time because the judgment is still pending,” said the spokesperson.