An Occupy Wall Street protester filed a lawsuit Thursday against an NYPD deputy inspector who was caught on video allegedly punching him in the face.
Felix Rivera-Pitre, 37, of Brooklyn, claims Deputy Inspector Johnny Cardona swung several punches at him during a demonstration in the financial district on Oct. 14, 2011.
His lawyer Ron Kuby said the force of the blow knocked Rivera-Pitre to the ground and ripped an earring from his ear.
The NYPD has said Rivera-Pitre was the instigator and tried to elbow Cardona.
Kuby said his client delayed filing suit in the hope prosecutors would file criminal charges against Cardona.
No charges have been filed and a spokesman for Manhattan District Attorney Cyrus Vance Jr. declined comment.
The Manhattan Federal Court lawsuit seeks unspecified damages for excessive force, assault and other claims.
The NYPD did not immediately return a request for comment.
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