This month, a grand jury refused to indict the officers.
On June 4, Mr. Gugino, an activist and member of the Western New York Peace Center, joined protesters in Niagara Square, the lawsuit said. After days of protests in the city, a curfew was put in place from June 2 to 8, from 8 p.m. to 5 a.m.
The lawsuit says Mr. Gugino arrived in the square and went to City Hall, where around 15 protesters were on the sidewalk and steps, around 7:28 p.m.
According to the lawsuit, Mr. Gugino became alarmed when a line of emergency response team officers in riot gear walked towards him and two other protesters on the steps, and he stood up to talk to them shortly after 8 p.m. The agents said: him, push him, claims the lawsuit.
Officer Losi pushed Officers McCabe and Torgalski towards Mr. Gugino, and they “unlawfully assaulted” him “by forcibly pushing him to the ground, where he lay incapacitated and seriously injured with blood flowing from his body. ear, ”says the trial.
“The sound of Martin Gugino’s skull fracture could be heard almost instantly and was captured on video by nearby journalists, ”the trial continues. He alleges that Constable McCabe attempted to verify Mr. Gugino’s presence but Constable Losi arrested him.
More than a dozen Buffalo officers walked by as he bled on the sidewalk outside City Hall, the lawsuit says. Mr Gugino was treated in hospital for a concussion and skull fracture, and released after nearly four weeks, according to the lawsuit, which seeks a jury trial and damages.
One of Mr Gugino’s attorneys, Melissa D. Wischerath, said in an email on Tuesday that Mr Gugino suffered from long-term complications from the fracture and brain hemorrhage, including impaired mobility and memory, hearing loss and complications in the right ear.