GARY | A Gary man says he was seriously injured in August during an altercation with an auxiliary Gary police officer at a Bennigan's restaurant.

Brandon Pate's attorney, David Gladish, on Friday served notice to the city of Pate's intent to sue officer Eric Davenport and Gary Mayor Rudy Clay in connection with the altercation.

In a complaint filed with police, Pate, 24, said the altercation occurred at 3 a.m. Aug. 14 while Pate was having a "verbal confrontation" with his girlfriend at Bennigan's.

A security guard pushed Pate out the door, where Davenport grabbed Pate and slammed him to the ground, according to the police report. Davenport is accused of bringing Pate to his feet before walking him a few feet, handcuffing him and then pulling his feet from under him. The fall caused Pate to hit the back of his head on the ground, according to reports.

According to the tort claim notice served this week, the beating by Davenport resulted in Pate suffering a broken nose, broken teeth, abrasions to his forehead, arms and knees and other injuries.

The tort claim accuses Clay of violating Pate's civil rights by allowing auxiliary officers to exercise police powers without the proper training.

City attorneys could not be reached Friday for comment.