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Buffalo man files notice of claim against City of Buffalo after officer-involved shooting

Officers were called to a home on Tonawanda Street back in September for reports of an attempted suicide.

BUFFALO, N.Y. — A Buffalo man has filed a notice of claim, almost two months after he was shot by Buffalo Police inside his home.

Officers were called to a home on Tonawanda Street back in September for reports of an attempted suicide.

Body camera footage released by Buffalo Police show officers going into the attic where they say they found a man with a gun pointed underneath his chin. Officers say they asked the man to drop the weapon, but he wouldn't. That's when one of the officers fired eight rounds, hitting the man once.

2 On Your Side is not naming the man, due to the nature of the mental health call. 

His attorney claims the officers were not properly trained and used excessive force.

"I don't know if the Buffalo Police is following best practices as far as what other police departments are doing that encourage the communication and different techniques that could have been deployed here," said Melissa Wisherath, the man's attorney. "My main takeaway is people experiencing a mental health crisis. Their lives aren't important. They shouldn't just be shot or injured when really what they need or maybe communication and help from trained professionals

The City of Buffalo, the police department and responding offers are named in the Notice of Claim.  A spokesperson for the City of Buffalo released a statement to 2 On Your Side that said, "The city does not comment on pending litigation."

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