Man plans to sue police over ‘unnecessary force’

A MAN is planning legal action against Derbyshire police, claiming an officer used unnecessary and unreasonable force against him which caused a long-term eye injury.

Daniel Green says he is seeking compensation and claims a police officer harshly treated him while he was being arrested following a domestic incident at his Derbyshire home in April 2019.

Mr Green, 27, claims tensions increased between him and the officer after he initially refused an instruction to put his hands behind his back because he suffers from scoliosis – a condition that affects body movement.

He alleges officers then used CS spray to take control of the situation and arrest him, which caused him an eye injury.

Mr Green said: “I was sprayed twice just for sitting on my sofa. When I was put in the police van, my eyes felt like they were burning. I was in so much pain.”

Police can use the CS chemical - which causes eye irritation - to subdue attackers or those who appear to be a danger. Officers are trained to use the spray.

It is understood Mr Green was given a fine after pleading guilty to assault. However, another charge for resisting arrest was withdrawn by the Crown Prosecution Service.

Now 18 months later, Mr Green, of Chesterfield, is planning to sue police after his formal complaint against the force found the officers’ actions were justified.

He now has a legal team on his case and has said he is awaiting details of a hearing date.

He said: “I had blurred version, they were burning constantly. My eyes were going red all the time.

“For four to six weeks afterwards my eyesight was really bad. My solicitor has had the doctor give evidence and he’s supporting my claim.

“I don’t feel I can get help. I’m always on edge when I see a police car because I don’t know if it is him (the officer).

“I want the officers to take responsibility for what they have done. I feel they are using power to their advantage.”

In a statement, a Derbyshire police spokesperson said: “Mr Green made a formal complaint to the force in July 2019 in relation to the way he felt he was treated following his arrest. The complaint was investigated and body-worn footage reviewed and the officers’ actions were found to be justified, proportionate, necessary and lawful.

“Mr Green was informed of his right to appeal the complaint through the Independent Office for Police Conduct but failed to exercise that right. The appeal period has now expired. We are aware of an ongoing civil case in relation to this incident and it would be inappropriate to comment further at this stage.”