II Ko 17/23
AI generated
Court awards 2,000 PLN compensation for unlawful detention and humiliation during a protest arrest.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the claim for damages regarding the seizure of the plaintiff's mobile phone but awarded 2,000 PLN in non-pecuniary damages. The plaintiff, T. M., alleged humiliation and distress from being handcuffed, denied basic needs like water and toilet access, and forced to perform humiliating acts during a 10-hour detention. The court found the detention unlawful and the treatment degrading, yet deemed the requested compensation excessive, settling on a symbolic yet compensatory amount.
Legislator headnote
AI generatedArt. 18 ust. 1 k.k.; Art. 554 § 4 k.p.k.: The court may award non-pecuniary damages for unlawful detention and humiliation, but must balance the severity of the infringement against the requested amount to avoid symbolic or excessive awards.
Keywords
AI generated
unlawful detention
non-pecuniary damages
humiliation
protest arrest
handcuffs
basic needs denial
symbolic compensation
Cited Legislation
AI generatedArt. 18 ust. 1 k.k.
Art. 554 § 4 k.p.k.
art. 254 § 1 k.k
art. 322 § 1 k.p.k
art. 552 § 4 k.p.k
art. 244 § 1 k.p.k
art. 554 § 4 k.p.k
Related Decisions
AI generatedXII Ko 91/21
Court awards compensation for unlawful detention of protest participant, dismissing higher claim due to lack of physical injury.
V Ko 86/21
Court partially allowed appeal finding detention for unorganized gathering participation unlawful but procedural steps correct.
XII Ko 52/22
Court awards 5000 PLN compensation for unlawful detention but dismisses 1 million PLN claim as excessive.
XII Ko 37/22
Court awarded partial compensation for unlawful police detention, granting 10,000 PLN damages but dismissing excess claim.
XVIII Ko 157/21
Court awards 6,000 PLN compensation for unlawful police detention and state legal costs.