BALDWIN, Long Island (WABC) -- A grandfather is suing the Nassau County Police Department claiming cops wrongfully arrested him and used excessive force when they threw him to the ground and handcuffed him.
Tyrone Phifer says police arrested him in a case of mistaken identity three years ago and then he says cops tried to cover it up.
He said that morning was the worst day of his life and now he wants justice.
After it took nearly a year to clear his name in the court system, Phifer has a filed a case of his own -- a $5 million federal lawsuit.
"This is not a joke, this is serious and this happens over and over and over again," said civil rights attorney Fred Brewington.
Phifer's case began in Baldwin as he was leaving his foot doctor's office just days before Christmas in 2021. The police body camera footage shocked many and Phifer said he feared for his life.
Nassau County Police were pursuing a suspect named Leroy and they had the wrong man.
"He kept calling me Leroy and he had his hand on his gun," Phifer said.
His attorney says one officer distracted him and another took his belongings while he pleaded with cops.
He was pulled down to the ground and you can hear a punch on the video.
"What's important for you to know is that within 44 seconds of this video they knew that he was not the person they were looking for," Brewington said.
Nevertheless Phifer was charged with a misdemeanor - obstructing governmental administration.
"I was handcuffed to the gurney until 8:30 that night, to get an appearance ticket," he said.
It's part of a larger problem, his attorney explains. In Nassau County - where Black people are outnumbered by white people five to one --yet arrested on that particular charge nearly 19 times more often.
And so Phifer's lawsuit names the officers in his case, but also the police commissioner, the accusation - municipal liability.
Nassau County police did not have a comment.
But for the grandfather of eight, he said it hurts and it was a demoralizing day he won't forget.