I have an injury caused by a police officer 10 years ago but has just been confi!


Question:

I have an injury caused by a police officer 10 years ago but has just been confirmed.?

I was in the city centre one evening and was warned for swearing by a police sergeant, he was with a very young female rookie, i stupidly started arguing with him and he suddenly slammed me against a wall and put my arm so far up my back it felt like it was going to snap, i was arrested for public order and taken to a police station, on arrival i said i needed my arm looking at as i was in a lot of pain, this resulted in me seeing a police doctor who sent me to get it xrayed, the xray came back ok, i complained about the behaviour of the officer and saw an inspector about him. Ever since then I have had permanent toothache type pains in my shoulder/collar bone area and saw my own doctor the following day as i knew something was wrong, having been on painkillers ever since and also went back to the A&E dept 2 weeks later who said that i had a broken clavicle, because i was told this i have always assumed this was causing my discomfort,just found out have a huge tear of my supraspinatus


Answers:

No, this was not your fault. The Police are only empowered to use "reasonable force" via the provisions of the Police and Criminal Evidence Act (PACE) 1984. Sounds more likely that this cop was showing off in front of his rookie friend.

Legally, there are a few things that need to be established for you to claim compensation against this "Officer". You need to prove that in twisting your arm in the manner he did, that the Officer used "unreasonable" force and you also need to prove direct causation of your injury as a result of his actions.

If you only swore and did not resist arrest or manifest physically threatening behaviour, it is likely that the Police member used "unreasonable" force. This in itself is likely to be professionally negligent as in doing so, the Officer was bound to, or would be expected to know, that you would suffer harm as a result of his disproportionate actions.

You definitely need to see a Solicitor but you must be aware of the Limitation Act 1977 which gives you 3 years to bring a personal injury claim, except in exceptional circumstances.

Even if you committed a Public Order offence, that is no justification for you to sustain an injury at the hands of the Police and if it can be proven that your injury was caused by the heavy-handedness of the Police, then you certainly must take them to task over it. Good luck.




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