The two men who videotaped their encounter with a Saratoga County sheriff's sergeant that resulted in the officer's resignation and arrest have filed a notice of claim that they intend to sue the county for violating their constitutional rights.

Colin A. Fitch and Adam M. Roberts met Monday with attorney Terence Kindlon, who said he sent the notice to Saratoga County Attorney Stephen Dorsey and County Sheriff Michael Zurlo. The notice alerts the county that the plaintiffs intend to sue the municipality for damages in the case. Kindlon said he also plans to sue former Sgt. Shawn R. Glans.

Kindlon shed light on the two young men, who have been largely silent after posting the video Friday night that captures Glans berating them with expletives in order to gain access to Fitch's car. Heard off-camera is a slap, which, according to court documents, Glans delivered to the back of Fitch's head.

The sheriff's office received a call at 1:50 a.m. Friday of a suspicious vehicle on Route 236 in Halfmoon. Glans and two other officers didn't find the vehicle at that location, but eventually located it in the Route 9 Walmart parking lot. Fitch and Roberts were wearing dark clothes, and there was a rifle openly visible in the back seat.

Glans previously told the Times Union that he reacted the way he did because he felt it was an unsafe situation.

Kindlon said Fitch and Roberts, who are in their early 20s, are best friends who have no criminal background and are both employed. The lawyer said his clients parked far away from a house party they wanted to attend to avoid any potential damage to the car, and when they couldn't find the party they went to Walmart. Kindlon said that officers went into the store and found Fitch and Roberts — who were patted down for weapons inside the building. Previously, police were vague about how Glans and the officers came upon the two men in the parking lot.

Zurlo said he couldn't comment on the notice of claim or the new details about the patdown.

Kindlon did not explain why Fitch was driving around with a rifle in the back seat, but said he will sue for damages because his clients' Fourth and Second Amendment rights were violated.

The Fourth Amendment protects against unreasonable search and seizure, and the Second Amendment is the right to bear arms. Kindlon said Fitch produced a receipt for his weapon for the officers. A permit is not required to own a rifle.

"If somebody takes the Fourth Amendment to the Constitution to wipe the mud off his feet, then that's a problem," Kindlon said.

Glans resigned Monday at the same time he was charged with official misconduct, a misdemeanor, and harassment for allegedly striking Fitch. Roberts videotaped the encounter, which has been viewed thousands of times on the Internet.

Two other officers were present during the incident, and Zurlo said they are facing an internal investigation. Their names were not released.

Kindlon is handling six other cases alleging police misconduct, including that of a former Hudson Valley Community College football player who filed a federal civil rights lawsuit last month saying Troy police beat him and used a Taser on him after he was found jaywalking.

lstanforth@timesunion.com • 518-454-5697