Couple shot by police at Melbourne swingers' party to sue

A couple shot by police at a swingers' party at a Melbourne nightclub in July are suing Victoria Police.

Dale Ewins, 35, and Zita Sukys, 37, will lodge a statement of claim with the Supreme Court on Monday, News Corp has reported.

Victorian police are accused of bashing and tasering Mr Ewins, who was dressed as the Joker after they shot him at the Inflation nightclub at about 3am on July 8.

News Corp reports the victim claims he was punched in the face and tasered to the chest after suffering two gunshot wounds to his back.

Police say Mr Ewins pointed a gun at officers which was later revealed to be a toy, which was part of his constume.

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Mr Ewins' lawyers say his compensation claim will be one of the most significant in the state's history.