A news crew captured video of Martin Gugino being shoved by officers Robert McCabe and Aaron Torgalski.
The episode drew national attention when a news crewin downtown Buffalo, as crowd control officers in riot gear cleared demonstrators for an 8 p.m. curfew.
In a decision Friday, arbitrator Jeffrey Selchick wrote,"Upon review, there is no evidence to sustain any claim that Respondents had any other viable options other than to move Gugino out of the way of their forward movement." "The use of force employed by Respondents reflected no intent on their part to do more than to move Gugino away from them," he wrote.
An attorney for Gugino, who has sued the city, told the Buffalo News that the ruling has no bearing on the lawsuit.
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