(Jerusalem) 8545/09 Civil Case (Jerusalem) 8545-*-09 Bilal Hassan v. Israel Police

Judgment

A claim for compensation for assaulting the plaintiff by a police officer.

General background and the main arguments of the plaintiff

1. The plaintiff, born in 1974, is a resident of Jerusalem. According to the plaintiff, on March 26, 2009, he traveled with his friends to spend time in Ein Gedi in the Dead Sea; On their way, they stopped at a gas station at the Almog Junction in order to buy water and cigarettes; There, a police officer approached them - defendant 2 (hereinafter: "the defendant"), and asked to give them a report for not wearing seat belts; At one point, the defendant said to the plaintiff: "Why are you chewing gum like a cow?"; the plaintiff protested and said: "Excuse me, I'm a cow?"; Suddenly, the defendant opened the door of the car and slammed the plaintiff in the face; As a result, the plaintiff's nose bleed; The police officers who were present at the scene attacked the plaintiff and handcuffed him; The defendant then arrested the plaintiff and brought him to the police station; After being interrogated on suspicion of interfering with a police officer in the performance of his duties, the plaintiff was released to his home.
2. The plaintiff filed a complaint with the Department for the Investigation of Police against the defendant. After an investigation, an indictment was filed against the defendant on the charge of assault causing actual bodily harm, an offense under section 380 of the Penal Law, 5737-1977.

As part of a plea bargain, the defendant's case was transferred to a disciplinary trial, and he was convicted on the basis of his confession to the facts of the indictment and was sentenced to a severe reprimand and demotion for two months.  As part of the plea bargain, the defendant even paid the plaintiff compensation in the sum of ILS 5,000.  Following an appeal filed by the defendant, the downgrade penalty was reduced from two months to one month.

3. The plaintiff raises a number of causes of action against the defendant, including: negligence, infringement of basic rights, assault, false imprisonment, and defamation.

Against defendant 1 (hereinafter: "the state"), the plaintiff claimed direct liability for negligence, as well as vicarious liability for the actions of the police officers, including the defendant.