According to the suit, Martin Gugino was injured on June 4, suffering a fractured skull after his head struck the sidewalk.
Felony attack charges against two officers were disregarded with a grand jury earlier this season. At a media conference, Erie County District Attorney John Flynn defended charging the officers, however, said grand jurors made the choice after seeing video of this episode. Flynn also stated Gugino broke the legislation that afternoon by being out past curfew however he shouldn't have been pushed.
In reaction to information of this grand jury's conclusion, John Evans, president of the Buffalo Police Benevolent Association, said the officers"were only after departmental procedures along with the directives of the superiors to clean Niagra Square despite working under extremely challenging conditions."
The lawsuit alleges that an officer pushed him after crisis response team said to"push him."
Members of this militarized emergency response staff that had been on scene to apply the curfew then"walked by without care" since the 75-year-old"lay unconscious on the sidewalk, blood pouring out of his shattered skull," the lawsuit said.
The lawsuit claims a detective attempted to test on Gugino, yet another officer .
Among other claims, the lawsuit seeks to maintain Buffalo accountable for"hiding, excusing and/or condoning the criminal use of force" and references an announcement published by the police division which said one protester was hurt after he tripped and fell. The mayor said in a declaration that Gugino had been"knocked down" following a"physical altercation."
The lawsuit also asserts Gugino's constitutional rights were violated, such as his rights to freedom of speech, peaceful assembly and freedom from the illegal use of force by government representatives.
The suit blames the police commissioner for failing"to protect against the unlawful and unconstitutional conduct" along with also the mayor for making"that the last decision to declare a state of emergency and impose a curfew."
Within an interview with USA Today in August, Gugino stated he couldn't recall falling into the floor and hitting his head.
Gugino told the paper,"I am not fearful of the policemen, but the machine is screwed up"
ABC News has reached from the Buffalo mayor's office, Buffalo Police Department and town of Buffalo for remark.
Gugino's lawyer is asking a jury trial.