A Melbourne man is taking legal action against Victoria Police, alleging he was dragged from his home and slammed face-first into concrete after refusing to fully open his fly screen door to officers.
Incident Details
Daniel, 56, who is not being identified for legal reasons, claims the incident occurred on May 12, 2022, at his unit in Chelsea, south-east of Melbourne. Two officers—First Constable Mitchell Wilson and Senior Constable Luke Harris—allegedly arrived at his door claiming they wanted 'a quick chat' regarding accusations that Daniel had destroyed a neighbour's security camera.
According to the lawsuit, Daniel answered the fly screen door but informed the officers he was not fully dressed. After quickly putting on clothes, he returned to the door. The officers allegedly insisted he open it fully so they could 'see who they were speaking to.' When Daniel briefly cracked it open to show his face before closing it again, the situation allegedly turned violent.
Body-Worn Camera Footage
The confrontation was captured on one officer's body-worn camera, obtained by the Daily Mail. The footage shows Daniel briefly opening the door, which had the numbers '666' stuck on it, and waving at the officers before they initiated a takedown. 'Stop resisting,' the officers told Daniel. 'Put your hands behind your back.' Daniel screamed in pain as handcuffs were applied and asked, 'Why did you slam my head into the ground?'
Neighbour's CCTV footage also allegedly shows Daniel spitting on and tearing down the security camera earlier.
Legal Claims
Daniel is represented by Arnold Thomas & Becker Lawyers, who argue the video raises serious questions about police conduct and use of force during residential visits. The statement of claim alleges Daniel sustained head injuries, cuts to his hand and legs, psychiatric injury, and suffered 'insult, humiliation and embarrassment.'
Lawyers claim police used excessive force and the arrest was unlawful because Daniel was not properly informed of the reasons and was not acting unlawfully. 'You didn't explain what was going on,' Daniel told the officers. One officer replied, 'You tried to slam the door in my face.'
The claim alleges nine separate instances of battery and 11 assaults, including repeated rough handling, excessively tight handcuffs, and being marched around while cuffed. Officers allegedly asked, 'Got any injuries or illnesses I need to hear of?' Daniel responded, 'Yes…a herniated disc in my neck…and I am claustrophobic.' The officers then closed the back door of the police vehicle while he remained handcuffed, allegedly intending to create an apprehension of imminent harm.
Human Rights Violations
The lawsuit also accuses the officers of breaching Victoria's Charter of Human Rights, claiming the treatment was 'cruel, inhuman or degrading,' violated his right to liberty, and involved arbitrary arrest and detention. Daniel seeks damages for his injuries, as well as aggravated and exemplary damages to punish what his lawyers call the officers' 'deliberate, intentional, reckless and contumelious [insolently disrespectful]' conduct.
Daniel claims the officers tried to justify their actions by blaming him for 'being difficult.'
Police Response
Victoria Police declined to comment on the allegations. The matter is set to go to trial in the coming months.
