Builder’s family sues over alleged unlawful killing

The family of a builder who died from injuries after being arrested in a parking lot is suing the state, accusing police of breaching their duty of care.

Luke Briggs, 35, was arrested in July 2024 in a convenience store car park at Hoppers Crossing in Melbourne’s south-west.

He allegedly became unresponsive during the arrest and officers performed CPR before calling for medical assistance.

Mr Briggs died surrounded by his family in the intensive care unit of a Melbourne hospital on July 23, eight days after his arrest.

Photos from the time showed bruises on her arms as she lay in a hospital bed.

Constable Alexander Papanastassis, 29, and Sergeant James Fitzgerald, 49, appeared in court in September after being charged with the unlawful killing of Mr Briggs.

The officers, who have been suspended from duty since the incident, have been released on conditional bail and have not yet submitted a defense to be referred to the courthouse on December 12.

Robinson Gill Solicitors brought the civil claim in the High Court on Thursday on behalf of Mr Briggs’ mother Joan, father Bob and two sisters.

In the letter, the family argued that as “immediate relatives” of Mr Briggs, the officers owed them a duty of care.

They accused officers of breaching this duty of care and Victoria Police of “failing to properly supervise, control or train its employees, officers and/or agents”.

“Officers assaulted Luke, causing him to sustain catastrophic injuries,” the document states.

The family is seeking damages, including aggravated and exemplary damages, as well as interest and costs.

Robinson Gill Lawyers and the Victorian government declined to comment, citing criminal and civil cases being heard in the courts.

Victoria Police has been contacted for comment.