A man says he was wrongfully arrested by an off-duty police officer.

Man alleges in lawsuit Atlanta cop beat him for stealing tomato

A man falsely accused of stealing a tomato from a Wal-Mart on Martin Luther King Jr. Drive in Atlanta has filed suit against an Atlanta police officer who allegedly grabbed him, beat him with a baton and arrested him in 2014.

Tyrone Carnegay, through his attorneys, filed a lawsuit April 6 that alleges off-duty Atlanta police officer Trevor King severely beat Carnegay October 2014 after he was accused of stealing a tomato he allegedly purchased with several other items.

“As a result of Defendant King’s brutal attack, Mr. Carnegay suffered bodily injuries, including fractures to his right fibula and tibia,” Carnegay’s attorneys Craig Jones and Steven West say in the lawsuit.

Carnegay, of Atlanta, was arrested and transported to Grady Memorial Hospital, where he was treated. He was later transported to Fulton County Jail, according to the lawsuit.

Carnegay earlier faced misdemeanor charges of simple battery against police and willful obstruction of law enforcement officers, according to Fulton County court records.

Charges against him were later dropped, according to the lawsuit. Carnegay is seeking damages for pain and suffering, damage to his reputation and legal fees he incurred defending himself.

Atlanta police spokeswoman Elizabeth Espy said the city has not been served with a lawsuit and a complaint was not filed with the APD’s Office of Professional Standards.

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