NEW YORK (CBSNewYork) — An 84-year-old Upper West Side man who was ticketed for jaywalking will not face prosecution.

Kang Chun Wong was taken into police custody in January, when he was out in his neighborhood.

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He was one of 18 people given jaywalking tickets at the intersection of 96th Street and Broadway during a pedestrian safety push by the NYPD.

Wong’s attorney claims that police used excessive force and left him with a head wound. He needed four staples to close up a head wound after police stopped him to give him a jaywalking ticket in his Upper West Side neighborhood.

The family plans to file a $5 million lawsuit against the NYPD.

Wong’s son said he knew something was wrong when his father did not come home in time. He was missing for two hours.

Then, the younger Wong received a call from the arresting officer.

“He was looking for the medication,” Wei Hang Wong said.

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The officer wanted Kang Chun Wong’s medical history. He has a heart condition, among other difficulties.

But Wei Hang Wong said the officer would not tell him how to find his father.

“I had a horrible time,” Wei Hang Wong said. “Let’s just say it was a big runaround.”

Police insisted that officers did not strike Kang Chun Wong deliberately, and that when an officer pulled out a summons book and began writing a ticket, a struggle ensued.

During the struggle, police claimed, Wong fell to the ground and struck his head.

Wong claimed the signal was green when he stepped off the curb, but may have turned red when he got to the other side.

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