Buffalo protester pushed to ground during George Floyd protest files lawsuit

BUFFALO, New York (WABC) -- The man pushed to the ground by police officers during protests in Buffalo is now suing the city, the mayor, and the police department.

75-year-old Martin Gugino slammed his head into the ground when he was shoved during a protest in June.

Gugino spent about a month in the hospital with a fractured skull and brain injury.

ALSO READ | Charges dropped for officers seen shoving 75-year-old Buffalo protester
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Two Buffalo police officers face criminal charges in the shoving of a 75-year-old protester who fell and cracked his head, ABC News has learned.

The suit accuses the city of violating Gugino's constitutional rights by enforcing a week- long curfew and using unlawful and unnecessary force.

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NY Gov. Andrew Cuomo discusses the disturbing video of a 75-year-old George Floyd protester shown being shoved to the ground by police in Buffalo.

A grand jury dismissed the felony assault charges filed against Buffalo Officers Robert McCabe and Aaron Torgalski earlier this month.

The city and police department have not commented on the new lawsuit.

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Passengers on the flight and witnesses on the ground recounted their reactions when the incident happened.

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