$129,000 payout for man punched by cop

A Melbourne man who was punched in the face by a police officer has been awarded almost $130,000 in damages after a judge found his rights had been violated by the "insulting" attack.

Tim Vivoda was punched while in custody at the Ringwood police station in April 2008 after being found drunk in a public place.

He had been drinking at a friend's house when he wandered outside, fell over and injured himself, before being taken by police.

The officer who punched him, Senior Constable David Kealy, said he acted in self-defence, believing Mr Vivoda had been lunging to grab his pistol and knowing he had a previous conviction for assaulting police.

But the pistol was not in his holster at the time.

Mr Vivoda was charged with assaulting police but the charge was later dismissed.

He alleged the charge was brought against him for an improper purpose constituting malicious prosecution.

Mr Vivoda sued Sen Const Kealy and the state of Victoria for the psychological injury he suffered as well as medical expenses and loss of wages.

Judge Christopher O'Neill awarded Mr Vivoda $129,304 in damages, in the Victorian County Court today.

He said the officer's response was out of proportion to the threat he faced.

"Even accepting Mr Vivoda was intoxicated at the time and his behaviour somewhat unpredictable, the realistic prospect of him attempting to grab an officer's firearm was small," said Judge O'Neill.

He said the way Mr Vivoda was treated in the custody area of the police station, after the punch, was insulting and in contemptuous disregard of Mr Vivoda's rights.