A 75-year-old peaceful protester who suffered a fractured skull and brain injury when police officers shoved him to the ground last summer has sued the police department and the city of Buffalo, New York.

The lawsuit, filed Monday in U.S. District Court for the Western District of New York, accuses the city of violating Buffalo resident Martin Gugino’s constitutional rights of freedom of speech, peaceful assembly, due process and protection from unreasonable seizure.

Gugino spent nearly a month in a local hospital after Buffalo officers were captured in a shocking viral video pushing him just minutes after curfew last June, at the end of a demonstration against the police killing of George Floyd in Minneapolis. 

After police officers shoved him in the video, Gugino can be seen falling and then lying on his back, a pool of blood spreading beneath his head as other officers walk by. One officer can be seen stooping next to him, apparently in an attempt to provide aid, but a colleague pulls the officer away… 

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