Background
Head of the Actions Against the Police Department at Irvings Law, Mr Matthew McConville, has successfully represented a client (Mr Mark Tassi) in a claim against Nottinghamshire Police for excessive force.
In September 2018, PC Hutchby and PC Lee were on duty in an unmarked police vehicle, driving behind Mr Tassi. PC Hutchby, the driver, flashed the vehicle’s lights to request that Mr Tassi come to a stop; both vehicles proceeded to pull over to the roadside and all three men alighted from their vehicles. PC Hutchby proceeded to accuse the Claimant of driving aggressively, an accusation which Mr Tassi denied in a non-confrontational manner.
The officers then requested sight of Mr Tassi’s driving licence that remained in his wallet in his van. Mr Tassi retrieved the same but as soon as he had done so PC Lee attempted to snatch it from his hand. A struggle then ensued in the course of which PC Hutchby forcibly placed his hands around the neck/throat of Mr Tassi and held him up against his van. Following this the situation de-escalated, Mr Tassi’s licence was reviewed and he was permitted to leave without the taking of further action but due to the force used upon Mr Tassi, he had to attend hospital later that evening.
Representation
After being discharged from hospital, Mr Tassi lodged a complaint to Nottinghamshire Police and then approached specialist Actions Against the Police Solicitor at Irvings Law, Mr Matthew McConville whom without hesitation offered Mr Tassi no win, no fee terms. Mr McConville then took over Mr Tassi’s complaint and once this was done, it was confirmed that PC Hutchby and PC Lee’s the bodyworn video and dash cam footage was not preserved.
After provision of photographs of his injuries and evidence of his hospital attendance after the above incident to Nottinghamshire Police’s complaints department, Mr Tassi’s complaint was upheld and following which Mr McConville presented a compensation claim to Nottinghamshire Police alleging that the force used by PC Hutchby was unlawful as it was excessive and therefore constituted assault / battery, because it was neither consensual nor that expected in everyday life. As a result of the said excessive force, Mr Tassi suffered abrasions to the front and left side of his neck in the region of his thyroid cartilage as well as post-traumatic stress disorder which were both supported by medical evidence.
Resolution
In response to his claim, Nottinghamshire Police decided to robustly deny liability stating that Mr Tassi was not telling the truth about what happened despite the above. As such, Mr McConville advised Mr Tassi to issue and serve Court proceedings and once this was done, Mr Tassi accepted an offer from Nottinghamshire Police to settle his claim in the sum of £7,000.00 plus his legal costs.
Read more: Nottingham Post Article
