The mother of Kumanjayi White, a Warlpiri man who died after being restrained in an Alice Springs supermarket by police, is suing the Northern Territory government in the federal court, claiming that the officers committed assault, battery and false imprisonment.
White, a 24-year-old with disabilities, died on 27 May during a confrontation with police in a Coles supermarket. His family claim that the two officers involved acted unlawfully in apprehending him, taking him into custody, and “applying force to him such as to cause the loss of his life”.
Police alleged White was shoplifting and said plainclothes officers had stepped in after an altercation with a security guard.
According to court documents released to Guardian Australia this week, White’s mother, Selma Tasman, said she was also bringing the proceedings on behalf of other relatives, including his sister and grandfather. The legal action was first reported by the ABC.
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“It is the Applicant’s case that these two police officers had no lawful authority to apprehend Kumanjayi White, to take him into their custody and to apply force to him in the manner which they did, and which force, further, was unreasonable,” the claim said.
“By doing so, they committed the torts of assault and battery and false imprisonment. Alternatively, in exercising any such powers (the existence of which is denied), they owed Kumanjayi White a duty to exercise reasonable care, which duty they breached.
“In either case, the two police officers are liable to the Estate … and to the Applicant and the other members of Kumanjayi White’s family … for damages.”
The damages sought include burial costs and aggravated damages for the family’s injury.
In the legal claim, which was filed by the North Australian Aboriginal Justice Agency (NAAJA) in July, Tasman argued that the territory was vicariously liable for the wrongful conduct of the officers, as they were purporting to act in the performance of their duties when the death occurred.
The officers involved will be included in the case once they are identified, according to the claim.
“The information about the circumstances in which Kumanjayi White passed on … is taken from two media releases issued by the Northern Territory Police Force on 27 May 2025.
“This is the only information with which the Applicant has been provided by the Respondent about the circumstances in which Kumanjayi White passed on.
“The Applicant was not present when these events occurred and does not know the police officers involved or the detail of the circumstances in which Kumanjayi White passed on. The Applicant needs information about those matters to prepare for and conduct the trial of this matter.”
Tasman is seeking federal court orders that would allow her to obtain that information from an NT police investigation and the report it is preparing for the coroner.
Legal action against police must commence within two months of the event in the NT, a restriction that has been criticised by legal and human rights groups including NAAJA.
The first hearing in the case, before Justice Erin Longbottom, is set for next week. The NT government has not been required to file any defence to the case.
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