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Jimmy Eggington - Seeking Damages - AEST (Corrected from the last one)


Ditzi
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Title: Jimmy Eggington - Suing an officer - AEST

Case Against: Senior Sergeant James Maddox

Brief summary of the case: I was outside of chop shop on my bike doing absolutely nothing illegal when a cop jumped the fence and arrested someone, they saw I had an open carry holster on my person, they asked me to remove it and I did as they asked. Officer Maddox then pulled a taser on me with no warning or reason and tased me with it. He then removed my body cam off me and deleted the footage. He also lied on his report that I crashed my bike into a local car. I have a witness to the situation but do not have contact to that witness. 

Expected outcome from court: Compensation for the unlawful damages done to me.

Extra Information/Requests: Almost every single interaction I have had with the police, I've been compliant and friendly with the officer. 

OOC: I do still have a clip of this but the officer did do /me erase body cam footage so we cannot use it in the lawsuit

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Good evening Mr Eggington @Ditzi

I am not a lawyer with the Office of Legal Defence, but a Crown Prosecutor with the Office of Public Prosecution, but I believe I can be helpful to your application. 

 

As it currently stands, as a result of crown immunity - individual officers cannot be sued, It would be a civil action against the Victoria Police as a whole. If you wish to appeal charges, then I'd advise you to update your application to reflect as such, or should you wish to receive damages, a case against VICPOL should be submitted. 

 

Disclaimer: This response is served without prejudice, and cannot be used in court. I am in no way recommending any action against parties, simply submitting advice in the interests of justice. It should not replace formal legal advice sought from a lawyer of the Office of Legal Defence. 

 

Kind Regards, 

Panayiotis Antonidis QC

Senior Crown Prosecutor, Office of Public Prosecutions

Melbourne, Victoria. 

Edited by Scomo

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Hello Mr. Eggington,

I have pinned this message due to Mr. Antonidis' helpful response in the hopes that it aids others in the future. I do recommend that you follow his advice and consider resubmitting your application.

 

Regards,
Eibhlin O'Niall
Court Registrar

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