DURANT, Okla. (KXII) -- A former Durant Police Officer filed a federal lawsuit against the city, claiming he was constantly harassed and called a Nazi because he is from Germany.

Court records show the case against the City of Durant was filed back in May, with former Durant officer Scott Phelps alleging months of harassment from a police captain because Phelps is from Germany.

Phelps said he had been a Durant Police officer since July 2009, that he was born in Germany and speaks with a German accent.

In the lawsuit, Phelps said his captain would call him a Nazi, or would greet with the Nazi salute, saying "Heil Hitler", despite Phelps telling him the reference were unwelcome and at times disgusting.

The documents state no action was ever taken against the Captain, even after an incident last December where, the case alleges, the captain told Phelps he thought about drawing a swastika on a picture of Phelps that had been put up in the break room.

A lawyer for the City of Durant responded to the suit, denying the allegations. The city listed 17 reasons in its defense, including Phelps' alleged damages were caused by a third party and not the city, and that the city acted in good faith without discriminating or harassing Phelps at all times.

We reached out to Phelps, who told us he could not comment on the ongoing case but admitted he resigned from the department last month.

We also reached out to Police Chief David Houser and City Manager Tim Rundel for comment but have not heard back.

Phelps is asking for more than $75,000 in damages.

A judge requested both parties share their witness lists and other information with each other by Friday.