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Demovictory9

(32,423 posts)
Tue Feb 23, 2021, 02:36 PM Feb 2021

that 75 year old who was shoved and hit his head, files lawsuit against Buffalo, mayor and cops

https://www.newser.com/story/302896/martin-gugino-shoved-to-ground-by-cops-files-suit.html?utm_source=part&utm_medium=uol&utm_campaign=rss_world_login



Last week, criminal charges were dropped against two police officers who were caught on video pushing 75-year-old protester Martin Gugino to the ground during a June 4 protest in Buffalo, NY, against police brutality and racism. Gugino, who fractured his skull and suffered a concussion as a result of the confrontation, isn't ready to let the officers, or several other parties, off the hook: CNN reports he filed a civil suit Monday against the city of Buffalo, in which he claimed his constitutional rights were violated, including those on his freedom of speech, peaceful assembly, unreasonable seizures, freedom from the unlawful use of force by government agents, and due process.

The complaint also names Byron Brown, Buffalo's mayor; police officers Robert McCabe and Aaron Torgalski, accused of shoving Gugino, and John Losi, who the suit says "shoved" McCabe and Torgalski toward Gugino; and other high-ranking police officials, including Commissioner Byron Lockwood, per HuffPost. In the complaint, Gugino says the officers used "unlawful and unnecessary force" against him while enforcing what he says was an "unconstitutional and draconian" 8pm curfew that was "selectively enforced against peaceful protesters" like himself. WGRZ notes the 55-page suit is asking for unspecified damages. The complaint adds that the amount sought should be "sufficient to punish them and deter others from similar conduct,"
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that 75 year old who was shoved and hit his head, files lawsuit against Buffalo, mayor and cops (Original Post) Demovictory9 Feb 2021 OP
Good soothsayer Feb 2021 #1
Wonder if his legal fees are covered? I hope he wins, a lot! KewlKat Feb 2021 #2
This would be a contingency fee basis case. Cuthbert Allgood Feb 2021 #3
Wouldn't there be court fees, filing fees and such? KewlKat Feb 2021 #4
Sure, but how that gets handled is contract based. Cuthbert Allgood Feb 2021 #5
But if he wins True Blue American Feb 2021 #6
I bet he could setup a GoFundMe account Dan Feb 2021 #13
I would donate too. lunatica Feb 2021 #15
I know (I was there -'60's) and I even thought it a a few days ago... electric_blue68 Feb 2021 #22
Did the police ever file charges against him? Runningdawg Feb 2021 #7
He's going to collect big! IrishAfricanAmerican Feb 2021 #8
wonderful Roc2020 Feb 2021 #9
And we all know that if he wins this lawsuit, the taxpayers get the bill. erronis Feb 2021 #10
Well, maybe that could be one of those "teachable moments" calimary Feb 2021 #12
Minneapolis had paid out 45 Million since 2003 StClone Feb 2021 #14
Try not to be so optimistic. lunatica Feb 2021 #16
If by taxpayers you mean the mayor and the two officers... littlemissmartypants Feb 2021 #18
No. By taxpayers I mean most of us normal US residents. Not politicians/grifters. erronis Feb 2021 #23
I don't live in Buffalo. Municipalities should have some way to come up with the cash beside littlemissmartypants Feb 2021 #26
We're going down that rabbit hole... Municipal insurance is usually paid for by the taxpayers. erronis Feb 2021 #27
All local governments have insurance for this type of thuggery. JanMichael Feb 2021 #25
Good for him. That was malicious and totally unnecessary. Hope he sues the snot out of them. n/t Evolve Dammit Feb 2021 #11
And then they just moved on. lunatica Feb 2021 #17
Damn straight. I saw the WTF look on the cops face that did it as he fell. Totally unjustified. Evolve Dammit Feb 2021 #20
He also has a history as a righteous protester. I wish him the best possible outcome. littlemissmartypants Feb 2021 #21
This is not a victory. It should never have happened in the first place. ACAB. WhiskeyGrinder Feb 2021 #19
Good!!! I am glad he is hitting back. I couldn't believe they got away w that. FlyingPiggy Feb 2021 #24
Sue the living fuck out of them Blue Owl Feb 2021 #28

Cuthbert Allgood

(4,907 posts)
5. Sure, but how that gets handled is contract based.
Tue Feb 23, 2021, 02:54 PM
Feb 2021

They will do a lot of stuff ahead of time that won't require those that might lead to settlement.

Dan

(3,539 posts)
13. I bet he could setup a GoFundMe account
Tue Feb 23, 2021, 04:20 PM
Feb 2021

And lots of people would donate, hell for that matter lots of people could testify as to what was seen. I know that I would donate.

lunatica

(53,410 posts)
15. I would donate too.
Tue Feb 23, 2021, 04:59 PM
Feb 2021

In the 60s we called the police pigs. The cops in that photo fit the bill.

electric_blue68

(14,818 posts)
22. I know (I was there -'60's) and I even thought it a a few days ago...
Tue Feb 23, 2021, 05:15 PM
Feb 2021

but later I was thinking that's a insult to the intelligent, often gentle beings called pigs....




Runningdawg

(4,514 posts)
7. Did the police ever file charges against him?
Tue Feb 23, 2021, 03:07 PM
Feb 2021

Or find the device he supposedly used to block police radio transmissions? After all, that was the first reason they gave for attacking him.

erronis

(15,185 posts)
10. And we all know that if he wins this lawsuit, the taxpayers get the bill.
Tue Feb 23, 2021, 03:59 PM
Feb 2021

Unless there are criminal and civil penalties against those responsible, it's always the taxpayer.

Even black marks on police resumes may make them more desirable in some jurisdictions.

calimary

(81,127 posts)
12. Well, maybe that could be one of those "teachable moments"
Tue Feb 23, 2021, 04:05 PM
Feb 2021

to help educate and enlighten police to some extent?

This makes me think of the old vaudeville bit:
Man: “Doc, it hurst when I do this.”
Doctor: “Then don’t do that!”

littlemissmartypants

(22,597 posts)
18. If by taxpayers you mean the mayor and the two officers...
Tue Feb 23, 2021, 05:09 PM
Feb 2021

Last edited Tue Feb 23, 2021, 05:47 PM - Edit history (1)

I wouldn't be surprised if all three of them file for bankruptcy or somehow liquidate or hide their assets.

ETA ...and apparently Buffalo...so anyone paying taxes in the town, oops. I hope they have a rainy day fund or a fat savings account.

He deserves a win if for no other reason than to set an example. I doubt he's in it for the bank based on the comments in the article.

littlemissmartypants

(22,597 posts)
26. I don't live in Buffalo. Municipalities should have some way to come up with the cash beside
Tue Feb 23, 2021, 06:02 PM
Feb 2021

From "the taxpayers" like insurance* I believe. I could be wrong, of course. I don't think that towns and cities just throw caution to the wind and expect the citizens to pay all the bills.

We pay taxes for a variety of reasons and if doing that gives those in this situation the ability to sue then I don't think that is a bad deal. However, don't believe that "the taxpayers" are the only ones that "pick up the tab" when a town or city has an incident involving this type of incident.

*Law Enforcement Liability Insurance

https://www.travelers.com/business-insurance/general-liability/law-enforcement

❤ miss pants

erronis

(15,185 posts)
27. We're going down that rabbit hole... Municipal insurance is usually paid for by the taxpayers.
Tue Feb 23, 2021, 06:13 PM
Feb 2021

The municipalities pay the premiums. The taxpayers pay the munis. Same difference.

JanMichael

(24,875 posts)
25. All local governments have insurance for this type of thuggery.
Tue Feb 23, 2021, 05:29 PM
Feb 2021

They may get have their rates raised if the loss is huge but probably not enough to have to raise taxes.

lunatica

(53,410 posts)
17. And then they just moved on.
Tue Feb 23, 2021, 05:04 PM
Feb 2021

Last edited Tue Feb 23, 2021, 05:37 PM - Edit history (1)

He was an old man doing nothing but what he had every right to do.

littlemissmartypants

(22,597 posts)
21. He also has a history as a righteous protester. I wish him the best possible outcome.
Tue Feb 23, 2021, 05:15 PM
Feb 2021

From Wikipedia

Martin Gugino, born October 15, 1944, is an American peace activist associated with the Catholic Worker Movement.[12] He worked with the Western New York Peace Center after his retirement...


https://en.wikipedia.org/wiki/Buffalo_police_shoving_incident

❤miss pants
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