Restraint that broke woman's arm 'poor' but not excessive - IPCA

June 20, 2023
The police watchdog found the woman's injury was caused by a "poor restraint technique" but not excessive force.

The police watchdog has found a restraint technique used by an officer that broke a woman's arm was "poor" but not excessive force.

The incident occurred when authorities responded to a street fight in central Hamilton on July 9, 2022, the Independent Police Conduct Authority (IPCA) said.

During the early morning fight involving youths, several people were arrested — including a woman who broke her arm when the officer restraining her changed his grip.

The woman told the IPCA that she noticed her friend being arrested. She approached an officer to ask why her friend was being detained, but the IPCA noted she used "abusive" language while shouting.

Because of this, she was arrested and restrained by the officer.

"And then, out of nowhere, the police officer kind of just grabbed my arm. I don't know how he snapped my arm and my elbow," she said.

In his statement to the IPCA, the officer described his technique as an "escort hold" used to guide or move a subject.

The officer said the woman started to struggle and kick out, changing his grip into what he called a "rear wrist lock" — moving her arm behind her back.

When moving away to avoid being kicked, he heard a "pop".

Her elbow had been over-extended, and the officer sat the young woman down.

The woman required a number of surgeries to repair the injury, the IPCA said.

It found the injury was caused by a "poor restraint technique" but not excessive force.

"While we accept that the officer in this case did not intend to break the woman's arm, his poor technique was the cause of her injury," chairman Judge Kenneth Johnston KC said.

"Officers on occasion need to use force in performing their duties, but they need always to do so with care. Their prime role is to protect the public — which includes those they are arresting."

Police have accepted the IPCA's findings and said Hamilton police have reviewed their practice in relation to restraint holds.

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