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The family of Luke Briggs is suing the Victorian government over the death in custody of the 35-year-old builder, who sustained shocking injuries during an arrest outside a convenience store last year.
Briggs was unarmed when he was arrested by two officers for traffic-related offences at the corner of Heaths and Tarneit roads in Werribee on July 15, 2024. He sustained injuries during the arrest and died in hospital eight days later.
Luke Briggs, pictured with sister Catherine, died from injuries sustained during his arrest in July 2024.
Documents filed in the Supreme Court of Victoria reveal Briggs’ parents and two sisters allege the officers “committed batteries and assaults against Luke causing him to sustain catastrophic injuries”.
The family say they were owed a duty of care by the two officers and Victoria Police, while the force is also accused of failing to “properly supervise, control or train their employees”, according to the writ filed on Thursday.
They are seeking damages, costs and interest along with aggravated and exemplary damages from the state government over Briggs’ death in police custody.
Robinson Gill Lawyers solicitor Sarah Condon, acting for the Briggs family, declined to comment while the civil case was before the court and criminal proceedings had been launched against the two officers.
A Victoria Police spokeswoman also declined to comment.
Last month, the officers involved in the arrest, Sergeant James Fitzgerald, 45, and Constable Alexander Papanastassis, 29, were charged with negligent manslaughter following a 14-month investigation by the Homicide Squad with oversight from Professional Standards Command.
Fitzgerald and Papanastassis were both fitted with body-worn cameras, but investigators have never released the footage nor disclosed what happened during the arrest.
Both officers, who were granted bail last month, are due in the Melbourne Magistrates’ Court in December for a committal mention.
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Earlier this year, Bob Briggs, Luke’s father, criticised the significant delays with the investigation and a lack of information from detectives.
“The trauma is ongoing and always will be. From day one, there was a double standard. If the incident had been reversed and Luke choked a Victoria Police officer to death, he would have been remanded immediately and would still be in jail,” he said.
Doctors told the Briggs family that Luke had gone without oxygen for about 17 minutes after the arrest, while images provided to this masthead revealed extensive bruising to his arms, legs and torso.
Briggs’ sister, Catherine Galley, said the uncertainty surrounding her brother’s death had compounded the family’s trauma.
“We still don’t understand why Luke was confronted to begin with. We don’t understand why it led to an assault by police that left him covered in bruises and in the intensive care unit fighting for life. We still don’t understand just how much he suffered,” Galley told The Age in June.
“While the rest of the world has moved on, our family is stuck in July 2024. Our world has stopped and whilst the delays continue, our trauma is not dealt with, our grief is not dealt with, and we are unable to let go.”
When criminal charges were laid against the officers in September, Wendy Steendam, Victoria Police Deputy Commissioner for public safety and security, defended the force’s handling of the case. She said all deaths in police custody were investigated thoroughly regardless of an officer’s rank, position or tenure.
“Victoria Police does not shy away from taking action to uphold community trust and confidence in our organisation,” Steendam said in statement.
“The overwhelming majority of our police do the right thing day in and day out and provide exemplary service to the community.”
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