BREAKING: 75-year-old White Man Who Was Sent To The Hospital By Cops Sues After Charges Were Dropped By The City

By John Paluska, Founder of The Daily Fodder

A 75-year-old white man who was sent to the hospital after officers allegedly assaulted him in a viral video is now suing after the charges were dropped. The man, Martin Gugino, was knocked unconscious with blood rushing from his ears and was forced to stay in a hospital until he recovered. According to CBS News, Gugino suffered a fractured skull and a concussion.

The court documents show Gugino is suing for punitive damages. suing over his constitutional rights being violated, and suing to uphold his right to protest.

In a viral twitter video [WARNING: GRAPHIC CONTENT] you can see the officers shoving Gugino and his hitting the ground. Most of the cops keep on walking as someone shouts "there's blood coming from his ears" multiple times. Only one cop calls an ambulance and one inspects him for a second before walking away.

One of the cops pulls away another cop who wants to help, telling the other cops to stay away from Gugino. When news reporter state "you better get an ambulance for him," a cop says "we have EMT on the scene."

The court documents state:

1. This is a civil rights action arising under Title 42 of the United States Code, Section 1983. On June 4, 2020, Defendants violated the constitutional rights of Plaintiff, Martin Gugino, specifically, his rights to freedom of speech, peaceful assembly, petition the government for redress of grievance, movement, unreasonable seizures, and freedom from the unlawful use of force by government agents, and to due process of law

2. Defendants violated the constitutional rights of Plaintiff, Martin Gugino, by enacting an unconstitutional week long curfew, which 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. 

3. Defendants deployed a 57-member militarized force called the “emergency response team” (“ERT”) to enforce the unconstitutional and draconian curfew issued by Defendant, City of Buffalo, and to disperse three peaceful protesters sitting on the steps of City Hall. 

4. Mere minutes after the 8 p.m. city-wide curfew, three of the Defendants, Police Officer Robert McCabe, Police Officer Aaron Torgalski and Police Officer John Losi, unlawfully, unreasonably and forcibly assaulted Plaintiff, Martin Gugino, 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. 

5. Following the unlawful assault, several members of the ERT walked by without care as Plaintiff, Martin Gugino, lay unconscious on the sidewalk, blood pouring from his fractured skull. 

6. Shortly thereafter, Defendants took action to conceal the unlawful conduct by the police officers.

Dropped charges. We all saw what happened. 


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