Shot comic book swingers set to sue Victoria Police

A couple shot at a private swingers party dressed as comic book villains are set to sue Victoria Police.

Police shot a man dressed as the Joker from Batman, with a replica gun, and a woman in a Harley Quinn from Suicide Squad costume at Inflation nightclub in Melbourne at 3am earlier this month.

Officers said the man pulled a handgun on them, but nightclub owner Martha Tsamis said he was not holding it at the time, but was instead engaged in a sexual act with his partner, The Age reported.

Lawyers acting for Dale Ewins, 35, and Zita Sukys, 37, will claim police were aware Mr Ewins was in possession of a toy gun and are seeking hundreds of thousands of dollars in damages, according to Fairfax.

Dale Ewins and Zita Sukys are set to sue Victoria Police. Source: Facebook

Arnold Thomas & Becker partner Kim Price said Victoria Police “believed it was appropriate to storm the venue” with about 10 officers and “within 32 seconds, start shooting our clients”.

He said Mr Ewins and Ms Sukys would be seeking damages for pain and suffering, loss of earnings and medical expenses.

"They are also claiming aggravated and exemplary damages due to the conduct of Victoria Police," Mr Price said.

According to Mr Ewins’ lawyer he was shot “multiple times in his back” before he was Tasered and assaulted by police.

The couple dressed as the Joker and Harley Quinn, but it was the fake gun that drew the attention of police. Source: 7 News

He also reportedly had to have several operations to reconstruct his shoulder and underwent emergency surgery to remove part of his bowel.

His partner is reportedly recovering from two wounds to her leg.

The nightclub owner confirmed she would also be taking civil action against Victoria Police within weeks.

Civil proceedings will be initiated in the Supreme Court of Victoria on Monday.

Police shot a man dressed as the Joker and a woman dressed as Harley Quinn. Photo: 7 News