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, the Sunday Herald Sun reported.
Officers stormed the Inflation nightclub at 3am on July 8 and shot Mr Ewins and Ms Sukys after saying they received a call about the gun, which was part of the man's costume as The Joker.
They have also been accused of allegedly punching Mr Ewins in the face and tasering him before standing on his hands and throwing him against a wall.
Mr Ewins has had part of his bowel removed and undergone operations to reconstruct his shoulder, while Ms Sukys is recovering from two leg wounds following the incident.