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75-year-old protester files federal lawsuit against City of Buffalo and police officers

75-year-old protester and former Cleveland resident files lawsuit against City of Buffalo and police officers

Martin Gugino, who labored for FirstEnergy in Northeast Ohio for practically 20 years, suffered a fractured cranium after being pushed over by two Buffalo Police Officers.

BUFFALO, N.Y. — The Buffalo protester pushed by Buffalo Cops in Niagara Sq. final summer time has filed a federal court docket lawsuit in opposition to the town and law enforcement officials concerned.

It has been practically two weeks because the Erie County’s district lawyer introduced a grand jury has dismissed the case in opposition to two Buffalo Cops who have been seen on digital camera pushing over a 75-year-old protester. And now, that protester is suing the Metropolis of Buffalo.

On June 4, 2020 Martin Gugino was seen approaching officers within the now disbanded BPD Emergency Response Group throughout a protest after curfew. The video reveals Officers Aaron Torgalski and Robert McCabe shoving him over. Gugino fell to the bottom and suffered a cranium fracture.

The grand jury dismissed the case and on Monday attorneys from Lipsitz Inexperienced Scime & Cambria introduced the lawsuit in opposition to the town.

The swimsuit additionally names as defendants the Metropolis of Buffalo, Mayor Byron Brown, Police Commissioner Byron Lockwood, Deputy Commissioner Joseph Gramaglia, and Officer John Losi.

Losi is known as within the swimsuit with the attorneys’ declare. Lawyer Richard P. Weisbeck Jr. says, “In line with the proof now we have he (Losi) pushed the opposite two officers in an effort for him to direct these different two officers to then assault Martin Gugino.” 

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Additionally they contend Losi instructed them to maintain transferring after Gugino fell backwards onto the sidewalk. 

Weisbeck tells 2 On Your Aspect they hope to “acquire compensation for the extreme accidents Martin suffered on account of being a sufferer of illegal police violence.”

The lawsuit claims that the town enacted an “unconstitutional and draconian” week-long curfew, one “selectively enforced in opposition to peaceable protesters” like Gugino. Furthermore, the defendants used “illegal and pointless drive” in opposition to the 75-year-old Gugino in an effort to “suppress the train of his constitutional rights”. 

“Allow us to not neglect Sen. Ben Sasse (R-Neb.) latest phrases,” mentioned Melissa Wischerath, co-counsel for Gugino. “That the 5 freedoms enshrined within the first modification – speech, faith, press, meeting, and protest – are clustered collectively as a result of they’re interconnecting. You do not need freedom of speech except you’ve freedom of protest. By assaulting Martin Gugino as he peacefully protested in Niagara Sq., the Metropolis and BPD attacked Martin Gugino’s most elementary rights as an American. If anybody individual’s rights are suppressed by the state, it harms all of us by eroding the muse of our structure.”

Gugino was taken to ECMC and spent practically 4 weeks within the hospital recovering from his fractured cranium. He instructed Channel 2 in October of 2020 that he had recovered for essentially the most half and spoke of Mayor Brown’s order for an eight p.m. curfew. That was put into place after a number of nights of civil unrest within the metropolis. However Gugino mentioned to 2 On Your Aspect, “You possibly can’t suppress dissent. You can not suppress dissent. So you possibly can’t use a curfew to suppress dissent. It was solely actually enforcement in that one space for that one factor simply to get the individuals out of there. However you possibly can’t try this.”

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There was no remark from the town with this litigation. A spokesman says solely that their company counsel will deal with the case. The Buffalo Patrolmen’s Benevolent Affiliation President John Evans additionally had no remark saying solely that the protection of the officers will likely be as much as them and Metropolis Corridor on this civil matter.


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