XPost: alt.fan.sean-hannity, talk.politics.misc, alt.politics.democrats   
   XPost: alt.war.civil.usa   
   From: killer.cops@nytimes.com   
      
   Lawyers representing a 75-year-old protester who was 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.   
      
   The lawsuit filed in U.S. District Court for the Western   
   District of New York alleges that the City of Buffalo, Mayor   
   Byron Brown, Police Commissioner Byron C. Lockwood and Deputy   
   Police Commissioner Joseph Gramaglia violated longtime activist   
   Martin Gugino’s rights by enacting an "unconstitutional" and   
   "draconian" weeklong 8 p.m. curfew that "was selectively   
   enforced against peaceful protesters."   
      
   CHICAGO POLICE RIPPED OVER GEORGE FLOYD UNREST RESPONSE IN   
   SCATHING NEW WATCHDOG REPORT   
      
   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.   
      
   On June 4, 2020, the Buffalo Police Department deployed a 57-   
   member militarized force called the "emergency response team" to   
   disperse three people, one of which was Gugino, sitting on the   
   steps of City Hall.   
      
   Video recorded by a local news crew went viral in the height of   
   the George Floyd protests around the nation showed the team   
   march forward in formation toward three people sitting on the   
   stress of Buffalo City Hall, yelling, "Move Forward March."   
      
   Minutes after the 8 p.m. curfew, Gugino stood up from the steps   
   and walked toward the officers, when the team in tactical gear   
   then yelled out in chorus, "Push him, push him," according to   
   the lawsuit. Losi shoved McCabe and Torgalski toward Gugino.   
      
   They forcibly pushed Gugino to the ground, according to the   
   lawsuit. He then stumbled and fell backward. Members of the   
   emergency response team walked by Gugino as he lay unconscious   
   on the ground, according to the lawsuit.   
      
   BUFFALO POLICE OFFICERS SEEN SHOVING ELDERLY PROTESTER HAVE   
   CHARGES DROPPED   
      
   "Gugino became the victim of police brutality at the very moment   
   he was peaceably and constitutionally protesting against police   
   brutality," one of his attorneys, Richard Weisbeck, said in a   
   statement. "If the roles were reversed, and Gugino pushed a BPD   
   officer who then fractured his skull, he would have been   
   immediately indicted, and for good reason."   
      
   Gugino was transported to Erie County Medical Center having   
   suffered a concussion and fractured skull. He was initially   
   treated in the intensive care unit and released four weeks later   
   on June 30.   
      
   The lawsuit cited a statement released by the Buffalo Police   
   Department immediately after the incident that claims someone   
   "tripped & fell" outside City Hall. The mayor issued a statement   
   saying that someone who was involved in a "physical altercation"   
   was "knocked down."   
      
   McCabe and Torgalski were suspended without pay and arrested   
   within days of the incident. They pleaded not guilty and were   
   released without bail pending further developments.   
      
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   The Buffalo Police Benevolent Association has repeatedly argued   
   that the officers did nothing wrong other than enforce the   
   curfew. All 57 members of the emergency response team resigned   
   from their positions, which the police union’s president John   
   Evans publicly stated was "to support the two suspended   
   officers, and in disgust of how the administration is handling   
   the entire incident," the lawsuit says.   
      
   The Associated Press contributed to this report.   
      
   https://www.foxnews.com/us/new-york-protester-buffalo-police-   
   files-lawsuit-cops-charges-dropped   
       
      
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