Officer connected to another claim against city

BUFFALO, N.Y. (WIVB) – News 4 has learned another person has come forward about alleged police misconduct on St. Patrick’s Day.

A Notice of Claim has been filed against the City of Buffalo and the police department. The attorney for Christopher Kozak claims his client sustained severe bodily injuries, including contusions and lacerations to his chest and face.

The claim alleges this happened on March 17 outside a bar on West Chippewa Street in Buffalo, and involved Buffalo Police officers.


WATCH: Raw video of the alleged incident below


A video released by Attorney Roland Cercone appears to show officers in uniform confronting Kozak outside a bar. Cercone says one of the officers seen in the video is Robert Eloff.  Cercone specifically claims Eloff put his arm around his client’s neck and took him down to the ground.

“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,” Cercone said.

Eloff isn’t named in the claim, but Cercone says he will be named when they file suit.

Eloff was working off duty at Molly’s Pub on May 11, the night a patron was shoved down the stairs and suffered a brain injury. Eloff is suspended while Buffalo Police investigate his conduct including whether he attempted to destroy evidence.

Buffalo Police Internal Affairs in May opened an investigation into claims by a woman that Eloff stopped her from shooting video of him by knocking her cell phone to the ground.

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