NY protester, 75, shoved by Buffalo police files lawsuit after cops' charges dropped
Fox News
Lawyers representing a 75-year-old protester shoved to the ground by upstate New York police during demonstrations that broke out in the days after George Floyd’s death filed a widely anticipated lawsuit in federal court Monday, less than two weeks after criminal charges against the officers involved were dropped.
It also accuses Buffalo police officers Robert McCabe, Aaron Torgalski and John Losi of using "unlawful and unnecessary force" against Gugino by City Hall "by shoving him without warning in violation of his clearly established constitutional rights guaranteed under the First, Fourth and Fourteenth Amendments to the United States Constitution." Gugino was knocked unconscious and laid on the sidewalk with "blood pouring from his fractured skull," according to the court documents. The 55-page lawsuit seeks economic, non-economic and punitive damages after a grand jury declined to indict McCabe and Torgalski on felony assault charges. Erie County District Attorney John Flynn said he didn't necessarily feel that altercation caught on camera rose to the level of a felony but state law required prosecutors to bring such a charge when a victim is at least 65 and the suspected perpetrators are at least 10 years younger.
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