The family of 95-year-old Clare Nowland, who died in May after being allegedly Tasered by police in an aged care home, is suing the New South Wales government.
The civil case against the state was listed to appear for the first time before a court in Bega in south-east NSW on Tuesday morning.
The Bega registry adjourned the case for six weeks without it appearing before a district court judge. The matter will return in late August.
The case is currently listed as being brought by Nowland herself.
It is understood civil proceedings against NSW over the alleged actions of police were initially filed while she was still fighting for her life in hospital.
Her family will continue to pursue the case against the NSW government following her death.
Nowland, a beloved 95-year-old grandmother, was allegedly Tasered by a police officer in an aged care home in Cooma on 17 May, causing her to fall and fracture her skull. She died at the Cooma Base hospital a week later.
Police say she was holding a steak knife while using a walking frame. Officers were called to the Yallambee Lodge aged care home by staff.
Nowland’s family’s lawyers, Ken Cush and Associates, were approached for comment about the claim against the NSW government.
“The family are not in a position to comment while the DPP is pursuing criminal charges,” the firm’s executive counsel, Sam Tierney, said.
Snr Constable Kristian White, 33, has been charged over the incident. He appeared before the Cooma local court via video link on Wednesday.
White was suspended from NSW police with pay following the incident.
He has been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault.
The charge of recklessly causing grievous bodily harm carries a maximum sentence of 10 years in prison.
White is yet to enter a plea.
Last week, Magistrate Roger Clisdell chastised the director of public prosecutions for allowing the accused not to appear in person. Clisdell said significant cost had been incurred in preparing extra security for the appearance, only for the DPP to decide White would appear via video link.
Clisdell threw out the DPP’s bail application.
The criminal case against White will return to court on 6 September.
The Bega registry declined a request by Guardian Australia for court documents associated with Nowland’s civil case.
The state government is yet to file a defence.
A spokesperson for police minister Yasmin Catley said the state government was being sued over allegations relating to the NSW police force.
“As this matter is before the court I cannot comment further,” the spokesperson said.
