WRONGFUL ARREST

chopperp

good morning I made a complaint to the garda ombudsman last year about a wrongful arrest against a member of an garda siochana and went through all the reports and so on , recently I received a letter saying the Garda in question was found to be in breach and was subsequently disciplined , I was talking to somebody yesterday and they suggested I should make a claim for financial compensation for defamation as they said you never know who seen you been arrested and handcuffed in broad daylight , as they have basically admitted they were in the wrong I was just wondering does anyone know where I stand in relation for such a claim

HellFireClub

If I was in that situation, that's exactly what I'd be doing. Probably something you should be seeing a solicitor about though. Being arrested I imagine in genuine circumstances is a traumatic enough affair, but being arrested wrongfully is even moreso. I think the view that most folks have of their place in society is that you do your best to stay out of trouble, to abide by the law and not get involved in criminality and the other part of that general agreement is that the state will leave you alone insofar as is possible.

Where this doesn't happen and I was traumatised by a situation that was entirely preventable and down to someone's incompetence, I'd be looking for redress.

MagicSean

You should speak to a solicitor. I don't think defamation would be a runner here though.

chopperp

cheers

selfrep

I am going through something similiar myself you should read the below :

1) The Oath a Garda take : I HEREBY SOLEMNLY AND SINCERELY DECLARE BEFORE GOD THAT I WILL FAITHFULLY DISCHARGE THE DUTIES OF A MEMBER OF THE GARDA SIOCHANA WITH FAIRNESS, INTEGRITY, REGARD FOR HUMAN RIGHTS, DILIGENCE AND IMPARTIALITY, UPHOLDING THE CONSTITUTION AND THE LAW AND ACCORDING EQUAL RESPECT TO ALL PEOPLE.

If the Ombudmsan found in your favour then it is quite likely the Garda was in breach of several of your constitutional rights and in breach of his oath above.

I would suggest you consult a doctor or a therapist to establish how you feel in terms of the damage it may have done to your bodily integrity physical and mental health in terms of stress and how your life was changed by it. Also if they searched you at the station they violated your right to bodily integrity.


Under s.48 of the Garda Síochána Act 2005, the State may be held vicariously liable in damages in respect of an “actionable wrong” perpetrated by a member of the Gardaí in the course of performing his duties. An “actionable wrong” is defined within the section as a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional.


(1) Where a member of the Garda Síochána commits an actionable wrong in the course of performing the member’s functions under this Act—




(a) the State is liable to an action for damages in respect of damage resulting from the wrong as if the State were the employer of the member, and


(b) the member is, for the purposes of such liability, deemed to be the servant of the State in so far as the member was acting in the course of performing his or her functions under this Act.


(2) In proceedings brought against the State by virtue of this section, the plaintiff need not name as a defendant the member or members of the Garda Síochána alleged to have committed the actionable wrong.


(3) Nothing in this section affects any right of the State to—


(a) join an individual member of the Garda Síochána as a defendant to proceedings in respect of an actionable wrong to which this section applies, or


(b) recover contribution or seek indemnity from an individual member of the Garda Síochána who is, or who, if sued at the time of the commission of that wrong, would have been, liable in respect of the same damage.


(4) This section applies to proceedings initiated after the commencement of this section.


(5) This section does not apply to a wrong committed by the use of a mechanically propelled vehicle belonging to the State.


(6) In this section—


“actionable wrong” means a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional;


“damage” includes loss of property, loss of life and personal injury;


“damages” includes exemplary damages and aggravated damages;


“personal injury” includes any disease and any impairment of a person’s physical or mental condition.

Dont be put off by the term mental health as stress and trauma can be classified as mental condition.

Look up your constitutional rights and you are also entitled for the state to put your good name back into the position it was prior to this happening.

Also if you look up the garda ombudmsan website they have a section that states they will work with you if you are victim of wrongdoing and they should be assisting you also. Be careful what you say to them though as I dont believe they are as impartial as they say they are. If you have it in writing from the ombudsman you have a case but a court would decide how much damage was done as a result of their behaviour. You would take a case against the state and not the garda member involved.

MagicSean

selfrep wrote: »

I am going through something similiar myself

If only the first messiah had thought of going to the Ombudsman. Christianity would be so different.

selfrep

MagicSean wrote: »

If only the first messiah had thought of going to the Ombudsman. Christianity would be so different.

well lucky for you people he did the second time...time will tell lad

chopperp

cheers SELFREP but i'm not really any the wiser should I just contact a solicitor so

MagicSean

chopperp wrote: »

cheers SELFREP but i'm not really any the wiser should I just contact a solicitor so

Yes. If it's money you want then a solicitor is really your only option.

selfrep

chopperp wrote: »

cheers SELFREP but i'm not really any the wiser should I just contact a solicitor so

you have a case but the courts would look at the nature of the arrest, what damage it did to you and your name and the background behind the reasoning for the arrest, the courts may find the arrest was justified at the time even though it was wrong but either way you would need to take your facts to a solicitor and they would evaluate the strength of the case. The Ombudsman is very reluctant to put it in writing unless it was wrong as they know an action can follow. In other words, when the garda ombudsman finds in favour of a member of the pubic they usually sit tight as too do the garda involved and await a civil suit.......dont delay either but also think about the nature of it, you dont mention the type of arrest or anything and remember as hard as it is the garda in question may have a family to support and may loose his job as a result. If it was malicous intent to simply blacken your name then sure go ahead but weigh up everything, you dont want to make more enemies, suing the Gardai in ireland blackens your name with them forever, you might as well be a a cop killer, they will never leave you at peace.

The_Snapper

chopperp wrote: »

good morning I made a complaint to the garda ombudsman last year about a wrongful arrest against a member of an garda siochana and went through all the reports and so on , recently I received a letter saying the Garda in question was found to be in breach and was subsequently disciplined , I was talking to somebody yesterday and they suggested I should make a claim for financial compensation for defamation as they said you never know who seen you been arrested and handcuffed in broad daylight , as they have basically admitted they were in the wrong I was just wondering does anyone know where I stand in relation for such a claim

OP,

Go and speak to a solicitor.

He or she will advise you properly. Mention assault (Handcuffs) and unlawful detention (How long you were detained etc) to your solicitor.

deadwood

Solicitor.

Don't forget your blue pen.

noelo

selfrep wrote: »

you have a case but the courts would look at the nature of the arrest, what damage it did to you and your name and the background behind the reasoning for the arrest, the courts may find the arrest was justified at the time even though it was wrong but either way you would need to take your facts to a solicitor and they would evaluate the strength of the case. The Ombudsman is very reluctant to put it in writing unless it was wrong as they know an action can follow. In other words, when the garda ombudsman finds in favour of a member of the pubic they usually sit tight as too do the garda involved and await a civil suit.......dont delay either but also think about the nature of it, you dont mention the type of arrest or anything and remember as hard as it is the garda in question may have a family to support and may loose his job as a result. If it was malicous intent to simply blacken your name then sure go ahead but weigh up everything, you dont want to make more enemies, suing the Gardai in ireland blackens your name with them forever, you might as well be a a cop killer, they will never leave you at peace.

How do you know that? are you an officer of the law? please explain. cheers

marketty

OP I suggest you have a look at a recent thread started by 'selfrep' regarding the constitution before you take his advice on any legal matters.

Just sayin.

McCrack

I actually find myself agreeing with the general tenor of selfrep here except the bit about suing AGS and then being on their hit list so to speak.

OP a successful claim for ,damages for wrongful arrest and other heads of claim will depend on a lot of factors and you know who you need to speak to.

PM me if you are Dublin based, I can recommend somebody that has experience with these cases.

selfrep

noelo wrote: »

How do you know that? are you an officer of the law? please explain. cheers

cos im the messiah

Pkiernan

OP:

1. What do you think your damages are?
2. How much money will compensate you for your damages?
3. If your damages are for mental anguish, embarrassment etc. will you be spending any awarded monies on therapy, clearing your sullied good name etc?

FreudianSlippers

selfrep wrote: »

cos im the messiah

Oh FFS, not you again. You'd think the messiah wouldn't use txtspk for some reason.

OnlyWayIsUp

selfrep wrote: »

cos im the messiah

What a coup for boards.ie!!!

MagicSean

Did the Ombudsman letter say you were the subject of a wrongful arrest or did it just say that the Garda had breached regulations?

Pat10

You would take a case against the state and not the garda member involved.

By the state do you mean the Department of Justice?

Victor

Pat10 wrote: »

By the state do you mean the Department of Justice?

No "Ireland" and possibly An Garda Síochána. The Department of Justice would have done nothing.

It would of course depend on the facts and cases will vary.

Jo King

Pat10 wrote: »

By the state do you mean the Department of Justice?

A government department has no legal personality. It is only an administrative structure and can't be sued.

Pat10

I would have thought the Department of Justice was the Gardai's emloyer and therefore responsible or is it the Minister for Justice?

McCrack

Government Departments do not get sued, but the respective Minister so the proper title when suing the Gardai for something would be Joe Bloggs v Minister for Justice, Equality and Defence, Ireland and the Attorney General

The Garda Commissioner can also be named as can the individual Garda or Gardai depending on the circumstances.

Pat10

What would be the postal address for "Ireland"?

McCrack

There is none, its only in the title

whiteonblu

MagicSean wrote: »

If only the first messiah had thought of going to the Ombudsman. Christianity would be so different.

as it would if the gardai took their oath seriously

Pat10

So pleadings could only be served on the Minister of Justice & the Attorney General

McCrack

If the Garda Commissioner isn't named then yes, the Chief State Solicitors Office would then take over the defence of the matter by entering an Appearance for all named Defendants.

whiteonblu

selfrep wrote: »

s, suing the Gardai in ireland blackens your name with them forever, you might as well be a a cop killer, they will never leave you at peace.

rubbish only if they know you fear them