‘Not f**king around’: Police sued over arrest outside Traralgon nightclub

A man arrested outside a Traralgon nightclub is suing police after they allegedly called him a “dickhead” and told him “that’s the point of it” when he complained of pain from capsicum spray.

Darryl Ivory, 47, said he was in agony and couldn’t see properly for days after being sprayed with capsicum spray by police.

A man involved in a violent arrest outside a Gippsland nightclub is suing police after they allegedly told him they were “not f–king around” and would “happily taser” him.

Darryl Ivory, 47, claims he was subjected to a “humiliating” and “unlawful” arrest which saw him handcuffed and capsicum sprayed after he initially refused a breath test outside Star Bar in Traralgon in the early hours of Australia Day last year.

In documents filed to the County Court, Mr Ivory says police breached his human rights, called him a “dickhead” and told him “that’s the point of it” when he complained of pain from the capsicum spray.

Mr Ivory claims police threatened to taser him after he initially refused a breath test outside Star Bar nightclub in Traralgon. Picture: Google

“I was in agony and couldn’t see properly for days after being sprayed by police,” he told the Herald Sun.

“I felt scared and helpless lying in the back of the divvy van with my eyes sealed shut by the spray, screaming in pain and begging the police for help.”

According to court documents, Mr Ivory was approached by police and asked to undergo a breath test while he was sitting on his Yamaha scooter outside the nightclub about 12.30am.

He initially refused, telling officers he had a drink “about a minute ago” and wanted to wait 15 minutes, but was breathalysed after police directed him to comply.

Mr Ivory claims officers told him he was over the legal limit and needed to attend the station for an evidentiary breath test but he refused, admitting he was “argumentative and rude” but “not physically aggressive”.

Police then allegedly threatened him, with one officer saying: “I will quite happily taser you because I’m not f–king around mate.”

Mr Ivory claims he told officers he would get off his scooter before he was sprayed in the face with capsicum spray and handcuffed.

As he was led to the police van, one officer allegedly asked Mr Ivory if he wanted to be placed “nicely” into the vehicle or thrown.

In his statement of claim, Mr Ivory says he was left lying on his handcuffed wrists, screaming in pain, as he was transferred to Traralgon police station.

He claims he asked for water and complained that his eyes were hurting from the capsicum spray to which one officer allegedly replied: “That’s the point of it.”

After they arrived, Mr Ivory claims he was placed on his knees while still handcuffed and sprayed with water.

“At some point during (this interaction) the police officers called the plaintiff a ‘dickhead’,” court documents state.

Mr Ivory is suing Victoria Police for injury, loss and damages, alleging the officers used excessive force and they had shown “contumelious disregard” for his rights.

“The defendant’s conduct against the plaintiff was unlawful, and humiliating, and aggravated the plaintiff’s suffering,” court documents state.

“The incident has really affected my mental health. I had nightmares for weeks afterwards,” Mr Ivory told the Herald Sun.

Victoria Police declined to comment.