A police officer is suing for damages after he was injured in the line of duty while trying to restrain a violent individual.
A writ filed by KSG Attorneys at Law in the Grand Court on 11 Feb. claims PC Darren Kirchman was hurt while on active duty on 29 March 2023.
It notes that Kirchman, 47, and a colleague were assigned to attend an incident at a home in Newlands following a report of a man in a distressed mental state who was reportedly damaging property.
The two officers observed that the man was “agitated and violent”, and were told he was armed with a fishing knife and had been striking the wall of his home, the writ states.
They called for back-up, but while attempting to talk with the man, the situation escalated and he attacked the officers, who decided to take him into protective custody under the Mental Health Act.
While restraining the man, Kirchman suffered injuries to his right shoulder and neck. He was subsequently diagnosed with severe nerve damage, chronic neuropathic pain, impairment to his right upper arm, and paralysis of his right shoulder’s deltoid muscle, the writ notes.
His injuries “have rendered him unable to use his right arm and unable to perform normal police duties or any comparable work.
“He remains unfit for duty and has not been cleared to return to active service,” the writ notes.
Restricted duties following earlier vehicle accident
Kirchman had sustained serious injuries in a motor vehicle accident five years earlier, after which he had been placed on restricted duties by the Royal Cayman Islands Police Service on medical advice.
“Despite this, the [attorney general] required or permitted him to resume active operational duties, including the physical restraint of suspects, without adequate assessment or safeguards,” Kirchman’s lawyers stated in the writ.
They added that the attorney general was or should have been aware of their client’s medical restrictions arising from his prior injuries.
A doctor’s report, dated 1 July 2019 and addressed to the commissioner of police, had warned that assigning Kirchman to shift work or strenuous duties placed him at “great medical risk” given his ongoing rehabilitation, the writ notes.
By putting Kirchman back on active duty, the writ claims, he was exposed to “a foreseeable risk of further harm”, and then suffered “injuries, loss and damage caused by the Defendant’s negligence”.
The writ outlines 10 grounds for the claim, including that the attorney general’s office was negligent in failing to ensure Kirchman’s health, safety and welfare at work, and also failed to provide and maintain a safe system and place of work. It also claimed that there was a failure to implement a policy, procedures or training to prevent a risk of personal injury to police officers when taking people into protective custody under the Mental Health Act.
“As a result of the injury, [Kirchman] has been substantially restricted in his ability to perform full operational policing duties and his future employment capacity remains uncertain,” the writ claims.
In a summary of the damages claim, the writ states that Kirchman continues to experience “pain, suffering, and loss of amenity” and is claiming for loss of income and employment benefits; costs of medical and surgical treatment, physiotherapy and medication; costs of travel and care; and ongoing loss of earning capacity and risk of future loss of income.
Related Videos
