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An elderly protester who was shoved to the ground by Buffalo cops during a George Floyd demonstration has filed a lawsuit against the city and three of the officers involved, according to a report.
Martin Gugino, 75, filed a civil suit that claims his First Amendment rights to freedom of speech and peaceful assembly were violated during the June incident that left him with a fractured skull and a brain injury, WKBW reported.
“The use of unlawful force against a peaceful protester can never be justified. It is always illegal. Martin was peaceful,” said one of Gugino’s lawyers, Richard Weisbeck Jr.
“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,” said Weisbeck.
Buffalo’s police commissioner and deputy police commissioner are also listed as defendants in the suit.
Less than two weeks ago, criminal assault charges brought against Buffalo Police Department officers Robert McCabe and Aaron Torgalski — who are named in the suit — were dropped by a grand jury.
McCabe and Torgalski had previously faced felony charges for shoving Gugino to the ground.
Gugino spent a month in the hospital recovering from his injuries.