The pro-Palestinian demonstrator’s arm broke when a Metropolitan Police officer pulled her from the ground outside the Israeli Embassy in Kensington.
A pro-Palestinian demonstrator whose arm was broken when a Metropolitan Police officer pulled her from the ground has been awarded £14,303 in damages.
Kelly Minio-Paluello, 29, was injured when she was lifted with her arm twisted behind her back outside the Israeli Embassy in Kensington in January 2009.
Video evidence of the scene was witnessed by Mr Justice Eder at the High Courts.
He said: “Given the expert evidence it is hardly surprising that my claimant suffered the injuries she did, which injuries were, in my view, entirely avoidable.”
The fracture has healed but Ms Minio-Paluello was left with minor limitation of movement in her left shoulder which has prevented her from playing sport as she did before.
Though the officer stressed that locking an arm behind a back is a regular police move to restrict public disorder, Mr Justice Eder said the force used was “neither reasonable nor proportionate”.
However, the judge identified there was no deliberate intention to cause injury to Ms Minio-Paluello by the Metropolitan Police officer involved.
The demonstration was generally under control and many officers were in attendance therefore, according to Mr Justice Eder, it was not a case which justified the award of aggravated or exemplary damages.
The judge added: “The fact is that this was a somewhat chaotic situation which arose in part at least by the fact, as I have found, that the claimant attempted to prevent or to frustrate what was – again as I have found – a lawful arrest.”
