The former Madison Police Department officer facing a federal civil rights charge for the violent takedown of an Indian man in February plans to call a martial arts instructor as an expert witness who will testify the use of force was appropriate and legal.

Johnny Lee Smith, president of Triad Martial Arts Inc., will testify that it appears then-officer Eric Parker did not mean to hurt Sureshbhai Patel, according to a court filing Tuesday by Parker's attorney Robert Tuten.

"Mr. Smith's testimony is expected to opine that Officer Parker's stop of Mr. Patel was justified; that reasonable suspicion existed for Officer Parker to conduct a 'Terry Frisk' of Mr. Patel; that Officer Parker was justified in using force against Mr. Patel; the amount of force used by Officer Parker was justified under the totality of the circumstances and complied with current law and department policy; and that it does not appear that Officer Parker intentionally tried to hurt Mr. Patel."

Patel was out for a morning walk Feb. 6 during a visit to his son's home in Madison. He was stopped by police, led by Parker, and after a brief encounter, slammed face-first to the ground. The encounter was captured on patrol car video.

Patel doesn't understand English and was left partially paralyzed. Parker was removed his job as a Madison Police Department officer, charged with misdmeanor assault and later charged by the U.S. Department of Justice with a civil rights violation. Alabama Gov. Robert Bentley apologized to the Indian government for the incident.

Parker's federal trial is set for Sept. 1.

Triad Martial Arts, Inc. has locations in Cullman and Madison, according to its website. The site also includes Smith's law enforcement training credentials, noting he has been a "Certified Specialized Instructor by the Alabama Peace Officers' Standards and Training Commission since 2003," has been providing defensive tactics training for Mississippi peace officers since 2010 and is a reserve police officer in Tupelo, Miss.

Smith will be called as "expert witness in the area of police training, defensive tactics and police use of force, specifically the justification for the stop, frisk and subsequent use of force against the subject, Mr. Patel," the defense said in its court filing.

The Patel family has filed a civil lawsuit against Parker.

Patel's attorney Hank Sherrod expressed doubt that Smith will be allowed to testify on Parker's behalf.

"Just because Mr. Parker has hired an expert does not mean the expert will be allowed to testify," Sherrod said. "Only expert testimony meeting certain reliability standards will be permitted by the judge. I suspect all or part of Mr. Smith's testimony will be excluded."

Parker, who is currently on paid administrative leave, has challenged his termination by the Madison Police Department. His employment appeal will go before a hearing officer following the resolution of his criminal case, according to Madison Police Chief Larry Muncey.

Updated at 5:20 p.m. to include Sherrod comment.