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Minio-Paluello v. Commissioner of Police of the Metropolis, QBD, 16/12/11

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Protestor Successful In Recovering Damages For Assault By Police Officer In The Course Of A Demonstration:-

Eder J held that the Claimant protestor, who sustained a fractured arm during a pro-Palenstinian demonstration following restraint by a police officer, was entitled to recover damages from the police for assault. Eder J held that whilst the police officer had reasonable grounds for believing that the Claimant was committing the offence of obstructing the highway and that the arrest was thus lawful and the Claimant resisted her arrest, the method and force used by the officer to get the Claimant to her feet were not reasonable or proportionate. In particular, the locking of the Claimant's arm behind her back and lifting her by that arm was dangerous and her injuries were avoidable. The Claimant was awarded damages for assault and general damages of £11,500.00.

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