State sued over capsicum spray during arrest at Scamander home
Anthony says officers unlawfully arrested and assaulted him. This happened during a family dispute call in November 2023.
A Tasmanian man is suing the state after being sprayed with capsicum during his arrest at his Scamander home on November 9, 2023. Two officers arrived after a report of family dispute and found Anthony had locked himself inside.
When he refused to let them in, citing past bad experiences with police, they broke down the doors. Anthony says he was kicked about the head during the arrest, and that he was dragged and double-handcuffed.
He says he has ongoing injuries. These include chronic shoulder, back and neck pain.
He lost sight in his right eye. He has complex post-traumatic stress.
An internal police review found the officers did not use too much force. They did not breach the Code of Conduct.
Anthony's lawyer is seeking aggravated damages. He says they used assault, trespass and battery.
- November 9, 2023
- Date of arrest
- Scamander home
- Location
Why it mattersThe case tests whether police followed their own rules during welfare checks. It asks if the state is liable for officer conduct when responding to family disputes.
AustraliaSets legal precedent for police use of capsicum spray during mental health and family dispute calls in Tasmania and beyond.
Corroborated byThe Advocate
