MANISTEE COUNTY, MI -- A street protester held by the throat during an arrest -- moments after he refused to identify himself to an officer -- is claiming excessive force and constitutional rights violations in a lawsuit.

The lawsuit was filed Nov. 21 in U.S. District Court in Grand Rapids against Manistee County and a Manistee County sheriff's deputy.

However, a summons has not been issued to Manistee County or the deputy because a filing fee was not yet paid to the court as of Tuesday, Nov. 27.

The interaction between the deputy and Shaun Carpenter, the man claiming the violations, was captured on the deputy's bodycam.

Carpenter's attorney, Jonathan Marko, obtained a copy of the footage through the Freedom of Information Act and released it to MLive on Tuesday, Nov. 27.

Marko said Carpenter had been standing on a public sidewalk Aug. 8 2017 in front of Manistee's Vogue Theater on River Street and was "protesting and picketing" anti-government sentiment.

Someone from the theater complained to him, so he moved across the street to a sidewalk in front of a PNC Bank. A deputy then approached, told Carpenter there was a complaint against him and asked him to identify himself.

Carpenter refused.

The deputy told Carpenter that Michigan law requires him to identify himself "upon demand of a peace officer."

The deputy's statement was not true, according to the lawsuit.

Carpenter again refused to identify himself and the deputy responded "then you go to jail."

Eventually, the deputy told Carpenter he was being disorderly and soon after told him that he was being arrested for failure to identify.

The video shows the deputy than pushing Carpenter against the bank building and attempt to put handcuffs on him.

At that point, Carpenter begins yelling "this guy has a gun. He's trying to steal my property." The deputy then takes a backpack off Carpenter and places one hand around Carpenter's throat for a few moments.

According to the lawsuit, the deputy then kicked Carpenter's right leg and caused him to fall to the ground. He was then handcuffed.

Carpenter suffered a fractured tibia in the incident and a medical staff at Munson Manistee Hospital put a cast on his leg.

Carpenter was charged with disorderly conduct, resisting and obstructing and possession of marijuana, but the charges were dismissed three days later.

Marko described the case as "an egregious and shocking abuse of police power."

"The police are supposed to protect citizens, not arrest them and use violent and excessive force for exercising basic constitutional rights," he said.

Manistee County Sheriff John O'Hagan, contacted Tuesday, said he had not seen the lawsuit and could not comment.

The lawsuit alleges unreasonable arrest, excess force, and violation of First Amendment rights to peacefully protest.