A couple shot by cops in a Melbourne nightclub earlier this month are suing Victoria police and seeking hundreds of thousands of dollars in damages.
It is believed that Inflation Nightclub was hosting a costume party on 8 July and that the man shot by police, Dale Ewins, was dressed as The Joker from the film Suicide Squad and carrying a prop gun.
Ewins reportedly told security that the gun was fake, who also advised police the same thing.
According to The Age, Ewins and his partner, Zita Sukys, are taking legal action against police and claim that authorities were aware the gun was fake when they stormed the venue.
"We understand that prior to the attack, staff at the venue repeatedly told Victoria Police that the 'gun' was a toy," the couple's lawyer, Kim Price, said.
"We understand some staff offered to simply obtain the toy themselves to safely resolve the situation.
"In response, it appears Victoria Police believed it was appropriate to storm the venue with a team of about 10 Critical Incident Response Team members and within 32 seconds, start shooting our clients."
According to Price, Ewins was shot "multiple times in the back" and was also tasered and assaulted by police, while Sukys is recovering from two wounds to her leg.
The couple are reportedly seeking damages for pain and suffering, loss of earnings and medical expenses, as well as "claiming aggravated and exemplary damages due to the conduct of Victoria Police".
Inflation Nightclub owner, Martha Tsamis, has also confirmed she will be taking civil action against Victoria police in the coming weeks.
