The guns used by Milwaukee police can be discharged without pulling the trigger, the police union says in the lawsuit

“The [SIG Sauer] The P320 had known problems with unprimed discharges at the time the City purchased them,” the Milwaukee Police Association’s lawsuit states. “Unprimed discharges are inherently unsafe, especially for police.”

SIG Sauer did not return CNN’s request for comment on the lawsuit Tuesday.

The lawsuit was filed on behalf of Officer Adam Maritato, who was shot in the leg with another officer’s gun during a struggle with a suspect in 2020. According to the lawsuit, “when he encountered the suspect he was struggling with he unloaded without a trigger.”

Maritato recovered after undergoing rehabilitation and physical therapy, according to the suit.

Prosecutors say the incident involving Maritato was one of at least three documented cases in which a Milwaukee Police officer was injured without a discharge from a SIG Sauer P320, including a recent accidental discharge on Sept. 10.

“The safety of our members is one of the Milwaukee Police Department’s (MPD) highest priorities,” the department said in a statement. “MPD continues to consult with our legal team to explore all options.”

CNN reported in 2018 that more than 500,000 P320 pistols were sold before the company acknowledged concerns about unintended leakage and made changes to the weapon.
Sig Sauer announced a “voluntary upgrade” program in 2017 that allows P320 owners to send their guns to the company for a fix. The company’s website states that “the P320 meets and exceeds all U.S. safety standards,” and the upgrade was offered because “we have confirmed that it is common for the firearm’s discharge potential to drop after multiple jumps, at certain angles and conditions.”

The company’s website says the leak is “a rare occurrence with very specific conditions.”