The attorney representing the 75-year-old protester was pushed to the ground by upstate New York police during a demonstration a few days after George Floyd’s death in federal court on Monday after the highly anticipated lawsuit was filed. The personnel involved were removed from their posts within two weeks of the criminal charges.
The lawsuit filed in the U.S. District Court for the Western District of New York alleges that the City of Buffalo, Mayor Byron Brown, Chief of Police Byron Lockwood, and Deputy Chief of Police Joseph Gramaglia enacted an “unconstitutional”
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It also accused Buffalo police officers Robert McCabe, Aaron Tolgarski and John Losey of using “illegal and unnecessary force” against Gugino in the city hall without warning. To overthrow him, violated his constitutional rights clearly established under the First, Fourth and Fourteenth Amendments. Obey the U.S. Constitution. According to court documents, Gugino was knocked unconscious and “blood poured out of a fractured skull” lying on the sidewalk.
After a grand jury refused to indict McCabe and Tolgarski on felony charges, the 55-page lawsuit sought financial, non-financial and punitive damages. Erie County District Attorney John Flynn (John Flynn) said that he does not necessarily feel that the dispute on the camera has reached the level of a felony, but state law requires the prosecutor to be at least 65 years old and the suspect is at least Such allegations were made at the age of 10. Under the age of.
On June 4, 2020, the Buffalo Police Department deployed a 57-member military force called the “Emergency Response Team” on the steps of the City Hall to disperse three people, one of whom was Gugino .
Videos recorded by local journalists were hyped at the height of George Floyd protests across the country, showing the team marching towards three people sitting under pressure from Buffalo City Hall. Shout “Go March”.
A few minutes after the curfew at 8 pm, Gugino got up from the steps and walked towards the officers. The team wearing tactical equipment then shouted in unison: “Push him, push him”. Losi pushed McCabe and Torgalski to Gugino.
According to the lawsuit, they forcibly pushed Gugino to the ground. Then he stumbled and fell. The lawsuit alleges that members of the emergency team walked by when Gugino was drowsy.
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One of his lawyers, Richard Weisbeck (Richard Weisbeck) said in a statement: “The moment Gugino protested the police brutality in peace and constitution, he became a victim of police brutality.” “If The role was changed, Gugino pushed a BPD officer, and then he fractured, then he will be prosecuted immediately, there are good reasons.”
Gugino was taken to Erie County Medical Center due to concussion and skull fracture. He was initially treated in the intensive care unit and was released on June 30 four weeks later.
The lawsuit cited a statement issued by the Buffalo Police Department immediately after the incident, stating that someone “tripped and fell” outside the city hall. The mayor issued a statement saying that someone was involved in a “physical dispute.”
A few days after the incident, McCabe and Togalski were suspended without pay and arrested. They pleaded not guilty and were released without bail, waiting for further development.
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The Buffalo Police Charity Association has repeatedly argued that the police officer did nothing wrong other than imposing a curfew. The lawsuit stated that all 57 members of the emergency response team resigned, and the chairman of the police union, John Evans, publicly stated that this was “supporting the two suspended officers and disgusting how the government handled the entire incident.”
The Associated Press contributed to this report.