By CBS3 Staff

WILMINGTON, Del. (CBS) — Attorneys for a man whose arrest was captured on video has filed a civil rights lawsuit against a police officer. Security video shows 44-year-old Dwayne Brown giving money to a cashier at 3 C’s Food Market on Sept. 21.

Shortly after, the lawsuit says Wilmington police patrolman Samuel Waters walked, grabbed Brown by the arm and then pushed him against the cashier’s barrier before banging his head against it.

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The lawsuit accuses Waters, who is white, of using excessive force and the N-word.

Brown’s attorney says it was a traumatizing experience for her client.

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“The officer approaches him and then just begins to beat him,” the attorney said. “I mean, as we allege in the complaint it is clearly excessive force. He was afraid he was going to be murdered. He was afraid of dying.”

Wilmington police said Brown had been yelling at staff at a day care center that day and was charged with harassment and additional charges.

Waters is now on administrative leave pending the outcome of an internal investigation.

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The City of Wilmington says it cannot comment on pending legal matters but an investigation of the incident is ongoing.