Melbourne man sues on wrongful police raid

Marnie Banger
Nik Dimopoulos is suing over injuries he suffered when Victoria police tackled and handcuffed him

A man who was wrongly arrested and seriously injured by Victorian police officers after they raided the wrong address is taking the state government to court.

Nik Dimopoulos has filed a claim in the Supreme Court of Victoria over the May 2019 raid in which his arm was broken and his shoulder ripped from its socket.

Mr Dimopolous was sleeping above the LGBTI Hares and Hyenas bookstore in Fitzroy when he was woken by police, who mistook him for a carjacker they had been pursuing.

The injuries were inflicted as the officers tackled and handcuffed Mr Dimopolous as he tried to flee.

He is seeking damages, interest and costs from the government, with his claim stressing he has suffered injury because of how Victoria Police employees acted.

"Victoria Police did assault, batter and falsely imprison the plaintiff," papers filed in court state.

Mr Dimopolous has also accused Victoria Police of breaching their duty of care to him by failing to reasonably consider his safety or properly supervise, control or train their employees.

That is conduct for which the state is liable under the Victoria Police Act, the claim states.

Mr Dimopolous has also argued the force breached his human rights under Victorian law.

The Independent Broad-based Anti-corruption Commission in April found the officers involved did not adhere to the human rights charter during the arrest.

But the corruption watchdog cleared the officers of using unreasonable force, saying the force used was "not disproportionate to the officers' objective of arresting" Mr Dimopolous.

"The police involved reasonably believed such force was necessary to arrest a person who was struggling with police," Commissioner Robert Redlich said at the time.