Unjustified Arrest - Successful Claim Against the Police

Unjustified Arrest - Successful Claim Against the Police

Linda Burt was arrested from her mothers home in Erdington, Birmingham by West Midlands Police to prevent a breach of the peace.

During the course of being transported she began to have breathing difficulties and subsequently died shortly thereafter.

An inquest into her death was held and we acted for the family.

The inquest took place at Sutton Coldfield between September and October 2009 before a coroner sitting with a jury.

The jury came back with a critical narrative verdict against the police and found the following.

  • The arresting police officer was not justified in arresting Linda Burt for a breach of the peace
  • All attending police officers failed to carry out an adequate investigation prior to the arrest.
  • There was no evidence that a breach of the peace was imminent.
  • A police officer indicated that "she may have been faking her collapse"
  • No evidence to suggest an ambulance was called (several officers said they called an ambulance).
  • No police officers were monitoring the deceased's vital signs at the arrival of the ambulance.

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