Image Credit: FACEBOOK/Marty Gaites

A man who was punched in the face by an Abbotsford police officer while being arrested is taking the City and the unnamed officer to court.

Ryan Atzenberger claims he was already "beaten senseless" and wasn't resisting arrest, according to court documents.

As officers stood him up, a cop delivered two more blows to his face, which was recorded outside an Offspring concert on Nov. 26, and posted to social media.

Atzenberger is seeking substantial costs from both the City of Abbotsford and the unnamed constable for what he claims was a violent and unlawful arrest.

READ MORE: iN VIDEO: Abbotsford police officer punches man in face during arrest

According to the civil claim, he was leaving the punk rock concert when he was stopped by police outside.

Officers were investigating a different person and an incident unrelated to the concert, but they believed Atzenberger knew something about the other suspect.

Atzenberger claims the officers used excessive force in arresting him, and the unnamed officer had already taken him to the ground before filming started.

"The plaintiff did not resist his arrest at any point," the claim read.

Two officers then lifted Atzenberger from the ground while the arrest was being filmed, and they tried to put him in handcuffs.

"The plaintiff continued to cooperate and was unable to resist because (Abbotsford Police officers) had just beaten him senseless. (Atzenberger) says he was limp and being controlled by (police)," the court document reads.

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Atzenberger, represented by Kamloops lawyer Daniel McNamee, is seeking an unspecified amount of costs and damages for the injuries and what he claims was an unlawful arrest.

Atzenberger was held overnight in cells that night and hasn't been charged criminally since the arrest.

He said he was never breathalyzed, despite requests to prove he was sober, and he wasn't given an opportunity to call a lawyer, according to the claim.

He claims the officers not only used excessive force, but breached his Charter rights because he wasn't informed of his right to speak with a lawyer when he was arrested.

He was left with a concussion, bruises to his arm and emotional distress, court documents said.

Because of the public nature of the arrest and the use of excessive force, Atzenberger claims the court should provide a substantial award.

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It should "send a message that police are not above the law and that police detachments that continue to employ problem officers take on substantial financial risk by doing so," the claim reads.

Neither the City of Abbotsford nor the unnamed police officer have responded to Atzenberger's claim.

The department did issue a news release in the days after the video surfaced.

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"After the concert was let out, officers were dealing with a member of the public when an unrelated citizen, who became the subject of the video, began to interfere with the officer’s investigation," an Abbotsford Police Department news release from Nov. 28 read.

Police said the man ignored "police direction to disengage."

As a result, police told him he was under arrest and he continued to be non-compliant, "resulting in the officer using force on him, striking him twice in the face before taking him into custody and placing him in handcuffs," police said.

The officer's use of force is under review and the Office of the Police Complaint Commissioner was notified.

None of Atzenberger's claims have been proven in court.

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