Richard Neville is suing police for $1.4 million after being shot in crossfire in 2009.
His lawyers will argue at the Auckland High Court this morning that he has a right to sue police for compensation for breaching his civil rights.
Canterbury University head of law Dr Chris Gallavin joined Paul Henry this morning.
"The biggest impediment for his lawyers is trying to get around ACC legislation actually because as far as compensation for injury is concerned of course we have ACC and that provides a statute bar to these types of actions. It’s an absolute tragedy for this man; it's everyone’s worst nightmare for minding your own business and then a bullet comes through the windscreen."
Watch the full interview with Dr Chris Gallavin.