ICE agents tackled Daryn Herzberg outside Portland’s ICE facility in August, and now the U.S. Marine veteran is suing DHS. The lawsuit alleges battery and unconstitutional use of force, arguing the contact was unwanted and caused injuries like chest contusions and breathing issues. Herzberg says he was targeted for criticizing federal officers.

At the time of the incident, federal authorities charged him with obstructing the facility’s driveway and throwing objects at the building — charges that could carry up to 6 months in prison. His attorney calls those charges ‘bogus’ and ‘retaliatory.’