BUFFALO, N.Y. (WIVB)–The man shoved to the ground during a protest in front of City Hall last June is taking legal action against the City of Buffalo.
Seventy-four-year-old Martin Gugino filed a lawsuit Monday, according to Lipsitz Green Scime & Cambria.
The lawsuit states that the city and others violated Gugino’s constitutional rights, including his rights to freedom of speech, peaceful assembly, and protest, among other things.
Lipsitz Green Scime & Cambria also says the lawsuit filed for the Western District of New York in the United States District Court claims the city enacted an “unconstitutional” week-long curfew, one “selectively enforced against peaceful protestors,” like Gugino.
On February 11, Erie County DA John Flynn announced the dismissal of felony assault charges against Buffalo Police Department Officers Aaron Torgalski and Robert McCabe.
They were the officers seen in the video this summer pushing Gugino.
Torgalski and McCabe remain suspended with pay until the departments’ internal affairs division completes its investigation.