A local man recently filed a lawsuit stating the Federal Way Police Department violated his civil rights, among other claims, when officers arrested him in 2014.

With attorney James Bible of James Bible Law Group in Bellevue, Josiah Hunter is seeking damages for “assault, unlawful arrest, excessive force and tort of outrage.”

According to court documents, Hunter was shopping at an AM-PM on 32000 Pacific Highway South on Sept. 14, 2014 when he witnessed a car accident.

Before police arrived, he and a friend approached the wreck to “see if everyone was OK” and tried to help occupants of the cars. It was later found to be a head-on DUI accident.

However, when police arrived, an officer asked Hunter and his friend to step back.

In a statement, Chief Andy Hwang said the suspected DUI driver tried to leave the scene, and the collision had damaged the light pole and it was not stable.

“For safety reasons, the lone officer directed the crowd to step away,” Hwang said. “Two men, ages 21 and 22, later identified as [Junior] Beausilien and Hunter, did not comply.”

The lawsuit states Hunter and his friend stepped back, but continued to watch. It was then that officers yelled at Hunter to move further back.

Hwang said it was the officers’ objective for Hunter and his friend to leave or go back with the others. The officers allegedly asked them to leave, told them to leave and then “warned if they didn’t leave they would be arrested. All this so the officers could resume their investigation safely and without hindrance.”

Bible wrote in court documents that Hunter complied with their request and moved back a “significant distance.”

“Eventually, another officer started screaming at Mr. Hunter and Mr. Beausilian to leave,” the court documents continued. “Mr. Hunter was complying with officer commands when he began walking to his car so that he could leave.”

As he was following the commands, an officer came up from behind Hunter and “began to choke him,” Bible wrote.

But Hwang said the men remained and were arrested with a “non-injurious level of force.”

Hunter claimed he couldn’t breath and experienced a “great deal of pain” during this “traumatic event.”

After being handcuffed and placed in the back of a police vehicle for an “excessively long time,” Hunter was taken to SCORE jail and charged with misdemeanor offenses, including criminal trespass, resisting arrest and obstructing a police officer.

Hunter and Bible alleged the officers went back to the AM-PM store to convince the store clerk that Hunter should be trespassed from their property.

For a year, Hunter attended court hearings and had planned to go to trial in fall 2015, but the charges were dismissed by the city prosecutor just days before.

“The level of proof needed for a criminal conviction in the courtroom is proof beyond a reasonable doubt,” Hwang said. “That is notably higher than what’s needed for lawful arrest (probable cause) in the field.”

Hwang said they are “very fortunate” the situation didn’t escalate further that evening and is glad no one was injured.

“The city has reviewed the level of force used in the incident, found that officer’s actions to be reasonable, and will defend against the civil action filed by Mr. Hunter,” Hwang said.

Bible wrote Hunter has experienced physical and emotional harm from the incident and claims the city of Federal Way, the officer who arrested Hunter and the police department are liable for the excessive force, intentional infliction of emotional distress and negligence when they used a “choke tactic,” among other damages.