A black business owner who was punched in the face by a policeman when he called officers to his store two years ago has filed a federal lawsuit.

Lawyers for Kevin Penn, the owner of Star Spirits & Beverages, filed the suit on March 11 against police officer Justin Rippen and the city of Decatur, alleging that the incident was indicative of others involving officers using excessive force.

It also contends Penn’s Constitutional rights were violated, and that he was a victim of excessive force, illegal seizure and false arrest. It seeks punitive and compensatory damages. The suit was filed in U.S. District Court.

According to The Decatur Daily, City Attorney Herman Marks declined comment.

The incident was already three months old when it became public after a surveillance video clip was released on social media. According to the suit, on March 15, 2020, Penn called police after he detained a shoplifter and held him at gunpoint in his store.

According to the suit, Penn removed the clip from the gun and put it on the counter when officers arrived, actions that were confirmed by video. The officers, including Rippen, knew Penn was the store owner. When the officers shouted about the gun, he said he had put it down, then told him he would file a complaint.

It was then, the suit contends, that Rippen rushed past two officers and punched Penn, breaking his jaw and causing him to lose a tooth. Penn underwent several weeks of treatment, including having his mouth wired shut, his lawyer said at the time.

Penn was later charged with obstructing government operations. The suit says, “It is well known in the Decatur legal community that Decatur officers frequently use these charges, commonly referred to as POP (piss off police) charges, without a legal basis.”

In the nine-page suit filed, Penn says the incident was “consistent with and reflective of a pre-existing policy and custom of tolerance for constitutional violations by officers, including illegal seizures, illegal searches, false arrests, and excessive force.”

It took the public release of the video footage, the suit says, to cause the city “to even pretend it was investigating the matter.”

According to the lawsuit, the city did not investigate the incident, nor was Rippen reprimanded. The 27-year-old officer was put on desk duty on June 8, 2020, a day after video footage of the punch was leaked on social media.

“The City regularly receives complaints from citizens regarding officer misconduct in violation of constitutional rights and regularly ignores them, just as it did with Penn’s complaints,” the suit claims.