BUFFALO (WBEN) - Martin Gugino, the 75-year-old protester pushed by Buffalo Police in Niagara Square last summer, is now filing a lawsuit in federal court against the city and involved police officers.
The lawsuit stems from an incident in 2020 in front of Buffalo City Hall during which Gugino was knocked to the ground by a special team of Buffalo Police officers who were clearing Niagara Square following a demonstration.
Roughly two weeks ago, Erie County District Attorney John Flynn announced that a grand jury dismissed the case against the officers.
Attorneys from Lipsitz Green Scime Cambria announced the lawsuit Monday and claim Gugino's rights were compromised with an 'unconstitutional' curfew that was, "Selectively enforced against peaceful protesters, including Martin Gugino, and by using unlawful and unnecessary force against Plaintiff, Martin Gugino, despite having committed no crimes or violations of law, all in an effort to suppress the exercise of his constitutional rights, including his right to protest."
Several pieces of photographic and video evidence are referenced in the extensive suit, including drone footage of the events leading up to the incident filmed by James Grimaldi.
Buffalo attorney Steve Boyd tells WBEN he's not surprised there is civil litigation being filed in the Gugino incident, but adds, ""There are some hurdles that the lawyers will have to overcome."
Boyd says the video evidence appears to be clear that Gugino was pushed to the sidewalk by police. "The question is, why was he pushed down."
