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Two New York City men are taking the city of New York and members of the New York police department to court after they say officers unlawfully hit them with batons after a shootout.

Devon Riley and Kurt Liburd say they were packing up food outside of Cosi restaurant where they worked as a baker and a maintenance worker on August 8 when they heard gunfire.

The men say they ran toward the shots to check on a friend in the area and saw police standing by the bodies of two men.

When they approached the scene they were stopped by police who reportedly struck them with batons, leaving them with injuries.

Liburd says he suffered a laceration on his head and Riley a fractured elbow.

An attorney for the men has since spoken out saying,

Once again, we have innocent bystanders beaten indiscriminately by police with their nightsticks.”

Another bystander who was struck in the leg is also suing police.

Devon Riley’s Fractured Elbow

Kurt Libord Bleeding