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A date has been set for a misconduct hearing sparked by a claim a police officer broke the collar bone of a 'calm and compliant' suspect.

The alleged incident happened on a footpath to the rear of the Brooklyn Medical Practice, in Mansfield Road, Heanor, at around 3.45pm on May 13, 2015.

Dad Anthony Cook was asleep on the grass when an off-duty officer, from Derbyshire Constabulary, found him.

Misconduct hearing papers claim the officer then arrested Mr Cook for allegedly being drunk and disorderly.

It is claimed the officer then grabbed Mr Cook's thumb in a hand lock, held his arms behind his back and kneeled on his back.

It is alleged that the force of the restraint caused "serious injury" to Mr Cook, including a fracture to his collar bone, a tear to his ligament in his right thumb and bruising to the right of his face.

A police internal misconduct hearing into the incident has now been scheduled for February 5, reports the Derbyshire Telegraph.

Mr Cook complained to Derbyshire Constabulary about his treatment and said that excessive force was used.

The misconduct hearing papers say that the conduct, if proved, amounts to gross misconduct for the following reasons: "The extent to which you used force was unnecessary, disproportionate and unreasonable. You reasonably assumed that Anthony Cook was intoxicated, but having done so, you failed to risk assess the potential effect of causing positional asphyxia by restraining him face down and restraining him in that position for a long period of time.

"Serious injury was caused to Anthony Cook as a result of the force you had exerted whilst restraining him. Your conduct is likely to undermine public confidence in the police service as a whole."

The allegations the hearing will deal with are that the officer restrained Mr Cook on the floor whilst awaiting arrival of on-duty officers, which was unnecessary as Mr Cook was "calm and compliant", according to the papers, and not struggling.

The documents say the officer encountered Mr Cook asleep near some bushes beside the footpath. They say that, following an exchange, the officer arrested Mr Cook for being drunk and disorderly and restrained him with a member of the public. This was until on-duty officers arrived at around 4.15pm.

After the arrest, Mr Cook complained to the force about his treatment but it rejected his allegations. Mr Cook appealed to the Independent Police Complaints Commission but he died while his appeal was being considered. His death was not related to the incident with the police officer.

Mr Cook's father, Arch Cook, has continued the case on his behalf.

A spokeswoman for Derbyshire police said: "A hearing in relation to an officer has been timetabled for February. The legally-qualified chair of the panel will decide whether this hearing will take place in public or in private. It’s not appropriate to make further comment ahead of the hearing."