Man wins over $30K for wrongful arrest, unlawful police search
The High Court has issued a judgment that awards more than $30,000 to a man it concluded was wrongfully arrested by police in 2018 when police broke into his apartment and dragged him from beside his sleeping baby to handcuff him.
The claimant, Damion Morgan, sought general, special and vindicatory damages against the defendant — the Attorney General, who was being sued as the representative of the Crown (government) — for unlawful search, wrongful arrest, false imprisonment and malicious prosecution.
According to the judgment published by the court yesterday February 23, Morgan and the baby’s mother, Chrystal Mitchell, got into an argument at his home after he took the baby away from her friend at the Festival Village in Road Town around midnight on August 5, 2018 and brought the child to his Harrigan Estate home.
Morgan reportedly blocked Mitchell from entering his home when she came for the baby afterwards, since the baby was sleeping and reportedly told her he would bring the child in the morning, but she reported the matter to the police.
Officers from the Royal Virgin Islands Police Force (RVIPF) then visited Morgan’s home with Mitchell, banged on his door and forcibly entered the home and placed him in handcuffs. They then took the sleeping child and delivered it to Mitchell.
Morgan told the court that his brother and his brother’s girlfriend, who were both at his home at the time, witnessed the incident.
We will show you how the law works
Morgan was taken to the Road Town Police Station (RTPS) where he was questioned, charged for common assault against Mitchell and released later that day.
He denied that there had ever been any physical altercation between him and Mitchell when she visited his home.
According to court records, when he asked the police whether they had a warrant for their entry, he was told that they did not need a warrant and they would show him how the law works.
The officers of the RVIPF did not have any court order to remove the baby from his lawful care, and Morgan testified that he had not heard sirens of the police vehicle or callouts by the police officers for him to open his door.
At the time of his arrest, Morgan testified that nothing was said to him about the reason for same and in the course of being transported to the RTPS, he asked the reason for his arrest and was informed by one of the officers that since they had broken into his home, they had to arrest him.
While at the police station, Morgan alleged that Sergeant Stany Francis said to him that he did not “push out any child” so what made him think he had a right to decide to take the child home with him that night.
Morgan was subsequently prosecuted at the Magistrate’s Court for that offence but the matter was discontinued some 14 months later by the Office of the Director of Public Prosecutions.
Police forcibly entered because of urgency
The police argued, among other things, that they entered Morgan’s home without a warrant because of the urgency of the situation and said he had ignored their calls to open the door.
Mitchell reportedly told officers that Morgan had been drinking earlier in the day and may have been intoxicated. She also reportedly told police that he did not have supplies at his home for the baby, but Morgan refuted those claims.
Judge Heather Felix-Evans ultimately ruled that Morgan should be paid damages for unlawful search in the sum of $7,500; damages for wrongful arrest and false imprisonment in the sum of $20,000; damages for malicious prosecution in the sum of $5,000 and nominal damages for legal fees in the sum of $1,500.
Morgan was also expected to receive pre-judgment interest on the global sum from August 6, 2018 to the date of judgment at 3% per annum; statutory interest (5% per annum) from the date of judgment until payment in full and prescribed costs.
Morgan was represented by attorneys Jamal Smith and Crystal McKenzie while the Attorney General was represented by Principal Crown Counsel Nicosia Dummett.
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Congrats to this responsible father
A lot more people will be suing the police and the DPP for the nonsense they are doing to people’s reputation because of incompetence and general wickedness.
Evidence of the STUPIDITY of the police who is under the UK commissioner who is under the UK governor. COI about that! This is what the police bill, brought to the house by the premier, is trying to legalise. The police is AS DUMB as the details outlined for sure and have wronged many people. STUPID as dodo bird. SICKENING. He deserves more than $30,000.
These police want to be intimidating people because they figure they could be arresting and searching people without due cause.
Get your facts and paperwork straight before you put yourself in a lawsuit.
They don’t even know the law and figure they could do and say anything and get away with it.
DO NOT ALLOW THIS POLICE BILL TO PASS WHERE WARRANTS WOULD NOT BE REQUIRED IN FUTURE. THIS ABUSE HAS BEEN GOING ON FOR DECADES. I EXPERIENCED IT THEN AS WELL.
If they are doing such injustices now, imagine if that police bill is allowed to pass, what will they do to the poor residents in the name of “URGENCY”? And to add insult to injury, they can plant $#1t in your house and say they met it there, because with that bill you don’t even have to be at home for them to break in, much less show a warrant. Police State at its best:(
And they want to be able to enter your homes without a warrant. Can you imagine the abuse the people will suffer. Some of the officers are too arrogant and let power go to their heads. He should have gotten more money. This is exactly the sort of stuff that will happen should that police bill pass. It will be worst and the sad part is you won’t be able to take them to court like this fellow did. For it will all be justified even if it’s not.
I am happy he won. He should have gotten more. These cops(especially the younger ones) will bring down the police force. Just wait and see. Soon it will become public knowledge. What I saw one of the younger cops doing on the job in the queen uniform should not be happening PERIOD .No one to discipline them. They will self destruct .. just wait and see.
Only took 5 years to come to court. Child must be at school now.
Now tell why taxpayers should pay for all this @$$ishness?
He now needs to file Civil Suits against the Officers personally! F**king crazy people.
What bothers me with this judgement is that, we the people of the BVI are the ones paying, these individual officers should be paying for the stupidity and lack of judgement in these cases. That’s the only way this nonsense will stop.
Kudos to this young responsible father!!
The moment citizens take this stands they will have get their act together. It will be costing the government to much money . Way to go dad .??
As far as I am concerned, they owe that man more money than $30,000. Set of morons
organ alleged that Sergeant Stany Francis said to him that he did not “push out any child” so what made him think he had a right to decide to take the child home with him that night.
So because he didn’t ‘push out any child’ means he can’t be a responsible father? Why was the child out at midnight in the Village? Wish it had more fathers like him who will take a stand for the well being of their children
“they had a warrant for their entry, he was told that they did not need a warrant and they would show him how the law works. ”
Oh yes! We see crystal clear why the unelected governor wants more police powers, legalized no warrant searches and immunity for officers.
They’ll show us how the law works after they change it to make us citizens powerless!!
Honestly dude is lucky this wasn’t the US because those officers might have killed him in executing their URGENT warrantless search!
They will justify their actions under police immunity by saying he reached for their weapon, or other nonsense lies.
Similarly to how they physically assaulted him in his own home!
Then charged him with a physical altercation that never occurred!!!
We need so much protection from abuse yet the powers that be want a legal excuse to always be in the right while doing wrong.
Any other job you screw up, you are liable.
That is the way & behaviors we are heading to condone and encourage according to the militarized police mentality we adopted into the force.
That officer would not have felt comfortable entering that home if there was not a culture of incredible suspicion, bullying and treating citizens like sub-humans in the force.
All that violence plus the lies instead of being reasonable peacemakers. Must have been traumatizing 30k+ deserved.
Man id be looking for 100k+ if you are dead wrong pulling me out of bed in my home. He could have been dead with that level of police conduct.
So I can sue them too. I was wrongfully detained in their cell. They keep me there for a few hours I think for domestic voilance or assault I don’t even know for what, even though the person I was supposed to assault didn’t make a statement nor give a report. Let me know legally what to do. They came for me Infront my kids and my kids were bawling for them not to go with me.
Wow man after reading the article in full its absolute madness. Police officers conduct on full fudging display.
This man got paid pennies in comparison to what happened to him. Facts of the article + The stress of prolonged court appointments, acquiring & paying lawyers with no guarantee of winning the case against corrupt officers.
$5000 for malicious prosecution when he was practically slandered as a woman beater by the police charge.
wow walked away with pennies. Sickening.
That isnt justice served. The police themselves dont know the law the individual officers need suing too.
She must not be the best mother to have her child at Festival at midnight. A baby. She is the one who should be investigated.
Gentlemen, stop laying down with these hyenas and practice some D discipline. Women like this are better off buying a dog and dying alone, nah french toast that, she doesn’t need anything more than a hamster in a cage. Guys, it’s on us to stop giving these broads we don’t want to marry our time attention and most importantly our seed!
And you people want to give the police more power. More power to human beings who have little understanding of the law they’re to enforce
And this is why that BS act they trying to push through for police immunity needs NOT to be passed. Can’t be protecting these people that bullying people.
no doubt it was probably EXPAT police officers who feel they can do what they want because they have a badge…the state of our police force is EMBARASSING!!
there will be A LOT more cases coming forward soon, remember i say so.
Just shows how biased the justice system is in favour of women. They rather the baby be on the street at midnight with the mother instead of safe at home with its own father.
Rep for AG office meet her match. You were in the right church but the wrong pew. A good. You too evil.
I have been the teacher for that child for years and and Miss Mitchell is and exceptional mother who takes very good care of her child…who is also the legal guardian for this said child. MR MORGAN and Miss Mitchell works hand in hand coparenting and is doing an awesome job child is also doing exceptionally well in school.
THIS WILL BE HAPPENING ALOT!!! LOOK HOW I GOING GET RICH!!!!
Yes, let justice prevail!
soo why she went and lie on the father then
“They don’t need a warrant and will show him how the law works” and the commissioner of police and the governor is trying to give these pigs more rights to continue doing this type of bullshit and not be held accountable!!! Sue the officers responsible also
From the yellow site , is enjoying himself for this opportunity to use this site which he condemned to spew out hos racism lyrics like a broken record , and by blogging under different names to fool people
Is very r**e, with no care in the world about her job. She is even disrespectful to her colleagues. If anybody has to deal with her, asked to be put on to a next officer. She is a waste of time and salary, cant get nothing do. Smh
…did she go running to the police in the wee hours and making up an alteration. Why was the baby at the festival afternight and in the custody of a friend not the mother? The Mother started all this and the police take the brunt (what if she was screaming violence and that the child wasnt safe?) she has a lot of culpability in the matter but it lands on my tax dollar again
And this is what they want to pass as a bill? We would be crazy to allow something like that to happen.
FYI I’m that friend and the dad did know where the baby was, because earlier in the night we were all together, have a good evening
It it’s true that you were all together earlier in the night, it was way past the time for the child to be out.
Overzealous police. They should be fired.
The father didn’t say he wasn’t aware of where the child was. It appears he took the child from you and carried him/her home. It was midnight after all for crying out loud.
Friend watching baby whether you were together earlier matters very little.
Obviously he knew where the baby was thought it had enough outing. All in all even if someone complains correct or incorrect its the polices job to act responsibly.
Truly they bear all the blame for this situation escalating, no one else. De-escalating is something police rarely do.
Instead they fling whoever they think is wrong on the ground, for them Americans that is problem solved.
It’s strange after reading most of your comments that no one is putting blame on the woman who allegedly lied or gave false information to the police saying that the father was drunk and had been drinking all day when he took their child. Isn’t that the foundation of the why the police acted the way they did. Isn’t that being malicious just because you want your child father arrested for showing you as a bad mother?
FATHERS ARE NOT SECOND CLASS CITIZENS!!!
The RVIPF tried something similar with me. I had Guardianship and they facilitated the mother taking my child and hiding her. And when I went and got full Legal Custody, they facilitated the mother in moving the child out of the BVI to Guyana. The whole 9 months the mother had the child, she wasn’t in school – and neither the Police, Education Department, or Social Development did anything about it.
The mother took the child to Guyana, abandoned her there, and returned to Tortola two days later.
I had to go to Guyana. The UK Offuce of Foreign Affairs had to vouch for me, but I still had to forcedly to take my child back. I had to leave through the back door despite having full Legal Custody because the mother’s brother was a police officer who illegally put a flag on my name at the airport.
It cost me $25k to get my child back. And it all started with the Royal Virgin Islands Police Force.
My BVI lawyer had a lawsuit ready for the RVIPF and Social Development, but after I had her back, I realized that I could not be a good parent and dedicate so much time to fighting the RVIPF at the same time. My child needed me, so I let it go.
Some members of the Police Force are lively people. However, the AG needs to have the entire force take a course in Family Law. They need to know that both parents have equal rights unless there is a legal order to the contrary. They are dead wrong and feel they are upholding the Law when they are actually breaking it.
Who have children that age in a festival village.? Man pay the man.
Where can it be read?