Andrew Birks, who was ordained a Church of England priest last year, was one of five officers investigated after 40-year-old Sean Rigg collapsed and died at Brixton police station in August 2008.
Mr Rigg, who had paranoid schizophrenia, was arrested in Balham and taken to the station in a police van driven by Mr Birks.
At an inquest in 2012 jurors found the primary cause of Mr Rigg’s death was cardiac arrest and were critical of the way he was restrained by police.
Mr Birks was suspended with pay during an investigation by the police watchdog and Metropolitan Police bosses refused to let him leave the force – because by doing so he could avoid any potential disciplinary proceedings.
London’s High Court heard on Thursday the IOPC, previously the Independent Police Complaints Commission (IPCC), initially concluded Mr Birks had no case to answer over Mr Rigg’s death.
Sean Rigg who died in custody in 2008, as Andrew Birks, one of five officers that have been investigated over the death of Rigg has claimed that his prolonged suspension is unlawful.
But the watchdog renewed its investigation following the inquest and his resignation, which had previously been accepted by senior officers, was blocked.
A High Court bid by Mr Birks in 2014 to be allowed to resign, so he could take up a position as a curate in…
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