CHICAGO (STMW) – A man filed a federal lawsuit Friday claiming that he was beat up last year by an off-duty Chicago Police officer working as a security guard at the Rock ‘n’ Roll McDonald’s restaurant in the River North neighborhood.

Jefton McCallister claims that he and a friend were leaving the McDonald’s restaurant, 600 N. Clark St., after finishing a late meal on Dec. 18, 2009, according to the suit filed in U.S. District Court.

The suit claims Officer John Long was working as a security guard at the restaurant and was not in uniform. Long followed the pair outside and cursed at them to get back inside and pick up their stuff. Long did not identify himself.

McCallister and his friend assumed Long was drunk and ignored him, the suit said. McCallister went back into the restaurant to use the bathroom where he again saw Long who said, “Oh, it’s you again.” When McCallister asked him what was his problem, Long replied, “I thought I told you to get the f— out of here.”

Once outside the bathroom, Long grabbed McCallister who tried to free himself, according to the suit. Long then punched him in the forehead. Frank Mejia, a security guard at the restaurant who was in street clothes then jumped on McCallister and both guards slammed McCallister face first into a wall and handcuffed him.

While searching McCallister, Long identified himself as a police officer and told McCallister that he was going to jail, according to the suit. Long then kicked McCallister’s friend and used profanity to tell him to leave or he would get beat as well, according to the suit. McCallister’s friend went outside and called police.

When McCallister said he did not believe Long was a police officer, Mejia grabbed him by the throat and both guards pulled McCallister into the bathroom, according to the suit. When police officers arrived, Long and Mejia told them that McCallister and his friend had thrown condiments all over the floor and accused McCallister of assault.

The suit claims that video security cameras in the restaurant captured part of the incident that occurred outside the bathroom.

McCallister appeared in court eight times about the incident before the case was dismissed in Dec. 2010, according to the suit.

The ten-count suit claims excessive force, battery, assault, false arrest and malicious prosecution. The suit also seeks a jury trial and names the city, McDonald’s restaurant and the restaurant owners, Marilyn Wright and Ralph Wright.

A Chicago Police spokesman said the department does not comment on pending litigation.

A spokesperson for McDonald’s was not immediately available for comment.

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