Case ongoing

Eva Roszykiewicz Notable Cases

KK, deceased

Eva acts for the family of a Polish man who died following a police restraint that lasted almost an hour and a half in hot sun during a summer heatwave in August 2020. The inquest at Norwich Coroner’s Court took place over 5 weeks at the end of 2022. Stephen Simblet KC and Fatima Jichi of Garden Court Chambers were instructed as counsel for the family.

The jury found that serious failures by police and emergency services contributed to the death. The jury noted that the police’s “approach lacked leadership” and their “decision making was inadequate”, also noted there was “a serious failure to keep him safe” which “contributed to his rapid physical deterioration during the restraint.”

Further details are available here.

AB v Commissioner of Police of the Metropolis

Eva acts for AB, a black teenager, who was subjected to a terrifying stop and search involving the use of guns and tasers in September 2020.

The MPS’ response to AB’s complaint in December 2020 was that no further action was required in connection with the actions of the officers involved. Following a number of complex legal challenges by Eva to the police and IOPC over the past two years, several officers are now facing disciplinary action, including one officer facing gross misconduct proceedings in connection with assault and race discrimination. Organisational learning for the police in respect of how police interact with children and the impacts of “adultification”, as well as criminal proceedings against an officer are also being considered.

In addition, AB is pursuing a claim against the Metropolitan Police Service for discrimination, false imprisonment, assault and battery, trespass to goods, and breaches of his rights under the Human Rights Act 1998 (Articles 3, 5, 8, and 14 of the European Convention on Human Rights).

The case has been the subject of media interest, including AB and Eva’s participation in a Channel 4 documentary by Jermaine Jenas called ‘The truth about police stop and search’. The documentary can be viewed here.

EF v Commissioner of Police of the Metropolis

Eva secured an apology and £40,000 for EF, a young black man, in a civil claim arising out of 10 stops and searches in 2020/21 by officers from the Metropolitan Police Service. In addition to compensation and an apology, the MPS also agreed to update their intelligence system with a record of substantial compensation having been paid to EF following a civil claim arising out of a number of stops and searches; it is hoped that officers who stop EF in the future will think carefully about the lawfulness of the intended search before it takes place.

During a number of the stops, EF was placed in handcuffs, and on one occasion was also subjected to a humiliating strip search at the police station. EF had brought claims for race discrimination, false imprisonment, assault and battery, harassment, trespass to his car, and breaches of the Human Rights Act 1998 (Articles 3, 5, 8, and 14 of the ECHR). Una Morris of Garden Court Chambers was instructed as counsel.

In addition to the civil claim, Eva has also assisted EF in submitting a number of successful complaints in connection with the incidents.

Lamont Roper, deceased

Eva acts for the family of Lamont Roper, a young black man who died during a police pursuit in Tottenham on 7 October 2020. Allison Munroe KC of Garden Court Chambers is instructed as counsel for the family.

An inquest into Lamont’s death was opened by HM Senior Coroner for North London and the final hearing took place between 22 and 30 November 2021. The inquest jury concluded that the cause of Lamont’s death was consistent with drowning and noted the following in their conclusions:

  • Non-compliance with stop and search request
    • Inadequate resources for water rescue along the canal and Lock 17
    • Lack of sufficient police resources
    • Lack of specialised on call rescue team [i.e. divers]

Further details are available here. The outcome of the inquest was reported by ITV News, including an interview by Ronke Phillips with Eva and Lamont’s parents, and the Evening Standard.

KL v Commissioner of Police of the Metropolis

Eva secured £18,000 in compensation for a black woman who brought a claim for race and sex discrimination under the Equality Act 2010, breaches of the Human Rights Act 1998 (Articles 3, 8, and 14), and trespass to land, arising out of the treatment she received from Met police officers who attended her home in response to her 999 call following a domestic violence incident. The officers ignored her allegations of assault and criminal damage, allowed the suspect to leave the premises, and failed to treat her with due respect and courtesy. When she raised the possibility that the officers’ treatment was related to her race, she was accused of playing “the race card”. Raj Desai of Matrix Chambers was instructed to act as counsel in the claim.

PQ & others

Eva acts for two black 16 year old boys and other family members in an ongoing IOPC investigation and proposed civil claim arising out of an incident involving Met officers in June 2022. The incident received national media attention following the circulation of a shocking video on social media which shows officers repeatedly punching one of the boys, including articles in the Daily Mail, The Mirror, the Independent, and the Sun.

Extinction Rebellion protesters

Eva acted for two protesters involved in the organising of a small and peaceful demonstration in Euston on 28 August 2020 connected to the anti-HS2 movement and Extinction Rebellion. Both were arrested on purported suspicion of conspiracy to commit criminal damage and thereafter detained at a police station for approximately 8 hours. A pre-action letter was sent to the Commissioner of Police of the Metropolis notifying him of their intention to bring proceedings for false imprisonment, assault & battery, misfeasance in public office, trespass to goods, and breaches of the Human Rights Act 1998, including their right to freedom of expression and assembly under Articles 10 and 11 ECHR. Both clients received an apology and £8,500 in compensation.

Eva acts for 35 clients in a proposed claim against the Commissioner of Police of the Metropolis arising out of their arrests on Lambeth Bridge on 3 September 2020 during a Critical Mass Cycle Ride hosted by Extinction Rebellion (XR). The proposed claims include false imprisonment, assault, misfeasance in public office, and breaches of the Human Rights Act 1998 : https://www.bbc.co.uk/news/uk-england-london-54021889

Eva acts for 7 members of Extinction Rebellion in an ongoing complaint and proposed claim arising out of the significant force used against them, including baton strikes and headlocks, by officers from the Metropolitan Police during a peaceful demonstration at London Bridge involving an open top wedding bus on 31 August 2021. The incident was widely reported at the time due to concerns that the police response appeared to mark an increase in use of force against XR demonstrators: : https://www.theguardian.com/environment/2021/aug/31/police-wield-batons-during-xrs-london-bridge-bus-blockade

Kill the Bill protesters

Eva acts for a number of protesters arrested at various Kill the Bill protests including in Manchester on 3 April 2021 and in Newcastle on 17 April and 1 May 2021. Their proposed claims include false imprisonment, assault, misfeasance in public office, and breaches of the Human Right Act 1998 (Articles 5, 8, 10 and 11 ECHR).

 

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