Assault and Battery claim against police force

In Blog by AAH

“Land of Brave & Free”: Police forces in common law countries such England & US have a duty to investigate and even arrest you if an officer believes you are committing or in the course of committing a crime. He has to have reasonable & probable cause to do so.

If a police fail to show reasonable & probable cause the force would be responsible for unlawful arrest, detention and in this case assault and battery.

In this case they had a duty to investigate as the old man walk around was suspected by a member of the public. However in exercising that duty they have used unnecessary force.

On the face of this report, the force will be legally responsible for the negligence of its employee for assault and battery.

Compensation would be assessed in England on the same principle as injury caused in an accident.

This incident highlights the attitude of US police to ethnic and their total lack of sensitivity to a person who is aged and does not speak English.
They say it’s a land of brave and free. Indeed !