WEBSTER – A man suing a police officer for an off-duty incident in which the patrolman allegedly assaulted and injured the plaintiff asked a federal judge last week to add the town as a defendant in the case.

Plaintiff Dana Berger of Milford alleges Officer Patrick R. Perry unlawfully arrested and assaulted him in October 2013 while the officer was off-duty.

Mr. Berger is suing Officer Perry in U.S. District Court in Worcester. Last week, his lawyer asked the judge to add the town to the civil lawsuit. He asserts the town was potentially negligent in its supervision and retention of Officer Perry.

Michael J. Heineman of Framingham, Mr. Berger's lawyer, argued that the officer has a history of aggression and threats while off duty. The lawyer filed a motion with a statement from a town lifeguard who said Officer Perry threatened him and used profane language during an incident at Memorial Beach in 2013.

The lawyer could not be reached for comment.

Mr. Berger's lawsuit alleges Officer Perry violated his civil rights, and it claims false arrest, malicious prosecution, abuse of process and that Mr. Berger was the victim of an assault and battery by Officer Perry. It seeks a jury trial and $100,000 from Officer Perry.

The incident allegedly occurred Oct. 10, 2013, at the Ray Street Athletic Field.

Mr. Berger, 34 at the time, had dropped off his girlfriend at the softball field so she could compete in a game, the complaint said. Mr. Berger left the field and returned at about 7:45 p.m., just before the beginning of a second game, which he was sponsoring.

When Mr. Berger arrived, he removed a cooler from his vehicle and headed into the dugout. Mr. Berger placed the cooler under the bench and sat down.

At that time, Officer Perry, who was dressed in a softball uniform, banged on a nearby fence to get Mr. Berger’s attention, the complaint said.

The suit claims Officer Perry said he saw Mr. Berger speed into the parking lot driving a Jeep, court papers said.

Mr. Berger stepped over to Officer Perry, who pointed to Mr. Berger’s vehicle and asked if it belonged to him. Officer Perry said the vehicle smelled of marijuana and that police were on their way. He asked for Mr. Berger’s identification.

Mr. Berger had never seen Officer Perry before, and asked the officer to identify himself. The complaint alleges Officer Perry couldn’t produce a badge or identification, and so he turned to make his way to the dugout.

At this point, Officer Perry allegedly grabbed Mr. Berger, body-slammed him to the ground and placed his knee in Mr. Berger’s back. Mr. Berger said he was thrown face down to the ground and handcuffed.

“As a result of Perry’s actions the plaintiff was severely injured, requiring two back surgeries,” the motion said.

Officer Perry called for an on-duty officer to take Mr. Berger to the police station.

Charges of disorderly conduct and violation of a town bylaw, for possessing an open container, were eventually dismissed in Dudley District Court.

In the case, a subpoena for the deposition of the town sought complaints and disciplinary actions against Officer Perry, along with his personnel file.

Police Chief Timothy J. Bent produced a copy of a spreadsheet relating to two verbal complaints against Officer Perry.

Mr. Heineman’s motion said the two complaints were “cut off,” or not printed completely, on the spreadsheet.

The lawyer requested complete copies, and in the meantime, retained a private investigator to contact the complaining witnesses referred to on the spreadsheet.

Mr. Heineman said he obtained a copy of a written statement by one of the complaining witnesses, a town lifeguard who alleged that Officer Perry used excessive profanity and was aggressive during an exchange at the town beach.

That alleged incident occurred June 29, 2013, according to an affidavit given by the lifeguard.

The lifeguard's account says Officer Perry was off-duty with family at Memorial Beach. One of the officer's relatives was seated on a lifeguard chair, which is against town rules.

When the lifeguard asked the officer's family member to get off the lifeguard chair, Officer Perry hurried toward the lifeguard and was hostile, the complaint said.

When the guard asked Officer Perry for his identification, Officer Perry allegedly laughed, pointed his finger and said, "I'll be at the station tomorrow, you can come find out."

Later, he allegedly told the lifeguard, "You better (expletive) watch your (expletive) kid, and if you have any more issues with my kids, then you better talk to me."

Mr. Heineman's motion said the lifeguard's statement was not produced by the town as part of Officer Perry’s personnel file, or as a documented complaint against Officer Perry.

“The plaintiff believes that the incident set forth in the statement, combined with other incidents in Officer Perry’s past, make viable a claim of negligent supervision and retention against the town of Webster,” Mr. Berger’s lawyer wrote.

Mr. Heineman argued in court documents that the town “knew that Officer Perry was willing to abuse his status as a police officer in the town by acting in an aggressive and threatening manner toward citizens in the town while off duty.”

Officer Perry’s lawyer, Douglas I. Louison of Boston, said of Mr. Berger's case: “It was appropriate conduct by Officer Perry, and we intend to try it as such. We anticipate that the jury will vindicate Officer Perry, and if the town is named, we will defend aggressively the town as well, because we think he acted appropriately under the circumstances.”

Mr. Louison said he anticipates opposing Mr. Heineman’s motion to add the town to the lawsuit “because it’s pretty late in the case.”

Chief Bent and Webster Town Administrator Douglas C. Willardson said they couldn't comment on pending litigation.

Chief Bent said he is proposing to promote Officer Perry to sergeant. Officer Perry had the top score on a Civil Service exam of prospects for sergeant.