75-Year-Old Protester Shoved To Ground By Cops Sues City And Police

75-Year-Old Protester Shoved To Ground By Cops Sues City And PoliceWBFO/News 4 Buffalo

A 75-year-old protester who was shoved to the ground by Buffalo police officers is now filing a lawsuit against the city, mayor and officers.

Martin Gugino was left with a fractured skull after he was pushed to the ground on June 4, 2020, while attending a Black Lives Matter protest in Buffalo, New York.

On Monday, February 22, Gugino filed a civil lawsuit against the city. He is reportedly also suing Buffalo Mayor Byron Brown, police officers Robert McCabe, Aaron Torgalski and John Losi, Buffalo Police Commissioner Byron Lockwood and Deputy Police Commissioner Joseph Gramaglia.

You can watch the shocking footage for yourself below in the following news clip:

As reported by CNN, Gugino has alleged that the officers used unlawful force against him and that they violated his constitutional rights, specifically in regards to his rights to freedom of speech, peaceful assembly, protest, movement, unreasonable seizures, freedom from the unlawful use of force and rights to the due process of law.

Earlier on this month, a grand jury decided against indicting Torgalski and McCabe for shoving Gugino. The two police officers currently remain on suspension pending an internal investigation into the incident.


Following the grand jury’s decision, Gugino told CNN affiliate Spectrum News Buffalo he was ‘a little surprised’ that the two officers hadn’t been indicted:

There’s no reason for the police to break that up, short of them thinking there’s some kind of lawless action about to take place, clear and present danger to somebody over something.

It wasn’t really a curfew. It was an intent to suppress dissent.

As reported by WKBW Buffalo, one of Gugino’s attorneys, Melissa Wischerath, made the following comments in the statement:

The use of unlawful force against a peaceful protester can never be justified. It is always illegal. Martin was peaceful.

Peaceful protesters, regardless of if a curfew is in effect or not, they have a right to still be in public places.

Martin and other people exercising their first amendment rights were selectively treated. They were treated differently than other people who may have been outdoor dining on Elmwood or Hertel Avenue after 8 pm.

Gugino’s attorneys – Richard P. Weisbeck Jr., Melissa D. Wischerath and of Lipsitz Green Scime Cambria Law Firm – have reportedly now requested a jury trial.

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