Non-pecuniary damage
- As stated, as a result of his assault by the defendant, the plaintiff injured his face, his nose was broken and he had to undergo surgery in order to straighten it. In his affidavit, the plaintiff states that he suffered from pain and suffered, a sense of humiliation and immense anguish as a result of the incident; He was in a very precarious state of mind; suffered from a feeling of depression, a feeling of humiliation and insult; For a long time, he locked himself in his house, refraining from going out with his friends, or doing any activity, as he had done before the incident.
- In summarizing his arguments, the plaintiff's counsel petitions to award the plaintiff significant compensation for pain and suffering in the sum of ILS 100,000. The plaintiff refers to the judgment in Civil Case 11747/08 Sualhi v. Ministry of Public Security [published in Nevo] (published on November 17, 2010), in which the plaintiff who was attacked by the police was awarded compensation in the sum of ILS 45,000 without submitting a medical opinion and proving permanent medical disability.
The plaintiff's counsel also petitions for a punitive damages ruling, arguing that this is an exceptional and outrageous event that justifies awarding such damages.
- On the other hand, the defendant argued that there was no reason to award punitive damages, since he acted within the framework of his duties and the incident occurred because he felt threatened; In addition, the defendant was disciplined, reprimanded, demoted and paid compensation to the plaintiff in the amount of ILS 5,000.
As to the amount of compensation: It was claimed by the defendant that in more serious cases, the court awarded compensation in the amount of ILS 5,000. The judgment referred to by the plaintiff deals with a more serious case, in which Border Police officers severely assaulted a man and robbed him of his money. The defendant refers to a ruling in which a few thousand shekels were awarded in cases where there was violence by police against civilians.
- The state also argues that punitive damages should not be awarded in the circumstances of the case, because the educational effect was achieved by placing the defendant on a disciplinary trial and convicting him, including ordering him to pay compensation in the amount of ILS 5,000 to the plaintiff.
The state also cites examples of rulings in which cases of police violence were awarded sums of ILS 5,000, ILS 27,000 and ILS 750