Couple shot at Inflation nightclub swingers party plan to sue police

A couple dressed as The Joker and Harley Quinn plan to sue police after they were shot at a swingers party in Melbourne.

Earlier this month Dale Ewins and Zita Sukys attended a Saints and Sinners ball at the Inflation nightclub, and were shot when police stormed the venue after reports a man had a gun on an upstairs floor.

Police said they received multiple reports that a man was armed, but there were other reports it was actually a toy gun.

Arnold Thomas & Becker partner Kim Price, who is representing the couple, told Fairfax Media civil proceedings would be initiated on Monday morning.

"We understand that prior to the attack, staff at the venue repeatedly told Victoria Police that the 'gun' was a toy. We understand some staff offered to simply obtain the toy themselves to safely resolve the situation," he said.

"In response, it appears Victoria Police believed it was appropriate to storm the venue with a team of about 10 Critical Incident Response Team members and within 32 seconds, start shooting our clients."

The couple is seeking hundreds of thousands of dollars in damages in relation to the shooting on July 8. Ewins was shot in his back and had emergency surgery and Sukys was shot in the leg.

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

The owner of Inflation nightclub, Martha Tsamis, plans to file her own civil action against police in the coming weeks.

CCTV captured the dramatic moment police stormed the swingers party. Police were talking to security guards at the Inflation nightclub on July 8 about 2.50am. About an hour later police were seen storming the nightclub on Melbourne's King Street.

The footage, obtained by Fairfax Media, shows police tasering and shooting a couple on the first floor of the club just 32 seconds after entering.

The couple was reportedly engaged in a sex act on a couch when police opened fire seven seconds after confronting them in the room where "naughty stuff happens".

Police claim Ewins was holding a gun but the room was too dimly lit to see it in CCTV footage.

A picture published on social media showed Ewins, a bartender, holding what appeared to be a toy gun in the mouth of Sukys.

Tsamis said the man wasn't holding a gun and police refused to comment on her claims.