A person who was strip-searched in police custody and then moved whilst unclothed was not treated contrary to Article 3 or Article 8 where it was due to his own behaviour, the Court of Appeal has held in Yousif v Commissioner of Police for the Metropolis  EWCA Civ 364.
The appellant was originally from Iraq where he had suffered at the hands of the authorities. He had a personality disorder, post-traumatic stress disorder and paranoia. He had been arrested following an incident of ‘road rage’. He was taken to Paddington Green Police Station, where he remained for some 12 hours. When he was being booked into custody the appellant said ‘yes’ when asked whether he had tried to commit suicide in the past but then refused to give details or respond when asked whether he was feeling suicidal. The custody officer decided that the appellant should be stripped searched and that all of his clothes should be taken from him so that he was left naked in a cell that was constantly monitored by CCTV. During his detention he was moved from one cell to another whilst naked.
The story of PC David Rathband, shot and blinded by Raoul Moat on 4th July 2010, and his subsequent suicide in February 2012, is one of the most traumatic for the police service in recent years. Prior to his death he had commenced legal proceedings against the Chief Constable of Northumbria Constabulary arising out of the shooting. The claim was carried on after his death by his brother and sister, on behalf of his dependants and estate.
Two weeks ago the High Court gave its judgment in Rathband v Chief Constable of Northumbria  EWHC 181 (QB). It dismissed the claim in negligence brought against the Chief Constable of Northumbria Police. In doing so the Court had to determine where the balance lay between the competing principles that (1) a Chief Constable owes a duty of care to serving officers, and (2) the immunity from suit in negligence that a Chief Constable generally enjoys in relation to operational decisions.
Last October Gilbart J gave judgment in Mohidin & Ors v Commissioner of Police of the Metropolis & Ors  EWHC 2740 (QB), a case involving allegations of racially aggravated assault, unlawful arrest and false imprisonment against four officers within the Metropolitan Police Service. The litigation was unusual in that the Commissioner had opted to bring Part 20 claims against the individual officers, who were separately represented at the trial. In the recent, supplementary judgment ( EWHC 105 (QB)), Gilbart J has allowed the Commissioner’s claims for indemnity in respect of damages and costs against the officers who acted unlawfully.