BUFFALO, NY- A Kenmore man is planning to sue the Buffalo Police Department, claiming he was a victim of excessive force.
The attorney for Christopher Kozak, 43, has filed a notice with the city, Buffalo Police and the officers shown in a video obtained by 2 On Your Side.
Kozak's attorney says this video was recorded on Saint Patrick's Day outside a bar on Chippewa Street.
In the video provided by Kozak's attorney Tuesday, you can see police officers taking a man down outside the bar 67 West. Kozak's brother owns that bar. According to his attorney, Roland Cercone, Kozak had been at the bar next door with his girlfriend when a scuffled started inside, and Kozak left.
Cercone says Kozak turned around to look for his girlfriend, and that's when police grabbed him.
Kozak's attorney also showed us pictures of his client's cuts and bruises that he says were caused by the officers that night.
"He was tackled into the street by numerous officers as you saw. He was grabbed from behind. He was kneed several times. He was not resisting arrest as you can see from that video. He never had a chance to do anything, and he was never charged with any crime, either, because he didn't do anything wrong," says Cercone.
Kozak did not file a police report, but did go to the emergency room the next day. He thought he had broken ribs, but did not. Cercone says one officer gave Kozak a ride back to his hotel right after the incident.
Cercone plans on filing a lawsuit in the near future. He also intends on naming officers if he can identify them. It is not known if the officers in the video were on duty on the street or were working security at one of the bars that night.
"There's a lot of good police officers out there, and I know many of them, but there's a few that just should not be police officers," says Cercone of the incident.
Kozak was not charged with anything on Saint Patrick's Day.
This happened before Buffalo Police officers were banned from working bar security after the incident at Molly's Pub in May of this year. State liquor laws already did not permit police officers to work inside a bar, but many would work security outside.
A spokesperson for the Buffalo Police department said he can not comment on pending litigation.