Nate Buckley, the anti-war protester acquitted of charges stemming from a demonstration at Fountain Plaza two years ago, has filed notice that he intends to sue the Niagara Frontier Transportation Authority and two transit officers for wrongful arrest and battery.
Attorneys for Buckley filed a notice of claim against the authority and Officers Richard Russo and Adam Brodsky, the first step in a lawsuit.
Buckley, 27, a West Side resident, claimed in the notice that he was accosted by officers during the anti-war demonstration April 8, 2011, and “was assaulted, battered, struck, subjected to pepper spray, falsely arrested by them and taken against his will.”
Buckley contends he was falsely arrested on charges of resisting arrest, trespass and obstructing governmental administration.
After a jury trial in June 2012 that ended in a mistrial because of alleged juror misconduct, two of Buckley’s fellow protesters were acquitted of trespass counts.
Buffalo City Judge Joseph A. Fiorella in December dismissed the charges against Buckley “on the merits.” In a subsequent decision, he held that “the NFTA officers did engage in improper conduct which is repugnant to this court’s sense of justice.”
Fiorella also said that as to “evidence of guilt” of Buckley, “this court found none.”