EVANSVILLE, Ind. (AP) — An official from a neighboring county has warned Vanderburgh County officials he intends to sue their sheriff’s department for $5 million over a scuffle with a deputy at a minor league baseball game.

Warrick County Councilman Paul Rudolph claims in a Jan.22 notice that he was falsely arrested at an Evansville Otters game last July by an off-duty sheriff’s deputy who used excessive force.

The incident involved a reported dispute between Rudolph and another spectator who was an off-duty police officer from New York. Authorities said Rudolph had been drinking and was belligerent. The Evansville Courier & Press reports that Rudolph maintains he was behaving peacefully.

Rudolph is an attorney.

Rudolph is scheduled to appear in court Tuesday on misdemeanor charges including public intoxication and resisting law enforcement.