A National Lawyers Guild legal observer has filed a lawsuit against the City of New York after he was arrested during an Occupy Wall Street march on January 1. Damian Treffs alleges that his civil rights were violated when he was thrown against the hood of a car and held down by eight officers to be handcuffed.

The Manhattan DA's office declined to prosecute Treffs because police lacked probable cause to arrest him. He is seen speaking on his cell phone on Second Avenue between East 12 and 13th Streets before an NYPD officer grabs him.

Treff's arrest can be seen at the 00:10:00 mark in the video below (via Tim Pool).

“Observing and recording police conduct is not a crime whether done by Legal Observers, the press, or ordinary citizens," Treff's attorney Mark Taylor says in a release. "Under Commissioner Ray Kelly the NYPD has had a free reign to arrest witnesses in violation of New Yorkers' constitutional rights. We will work to hold the officers involved and the NYPD accountable for their actions.”

NLG observer Ari Douglas made the news in October after an NYPD scooter ran him over during a demonstration on October 14. Some witnesses said Douglas placed his foot underneath the scooter's wheel to appear as if he was injured. Douglas was charged with felony criminal mischief and resisting arrest.