Attorney John Burris held a press conference on Thursday with his client Steve Foster.
Foster says he still can't believe what the video shows.
ORIGINAL REPORT: BART police handcuff, cite man for eating sandwich on platform
"I didn't expect that to happen at all," said Foster.
A BART police officer detained Foster last week for eating a sandwich on the platform of the Pleasant Hill BART station. Foster's girlfriend was with him.
"I told her to pull her phone out because I felt like something wasn't right," said Foster.
One of the officers grabbed at Foster's backpack.
"Before I could even say anything you could see he already had it in his mind that he wanted to put me in cuffs," said Foster.
RELATED: BART leaders divided after controversial encounter with man eating sandwich
Another officer arrived and assisted with cuffing Foster. Foster says the officers called him names.
"I wasn't resisting at all and I had no kind of force to keep them from putting me in cuffs," said Foster.
Foster's attorney has now filed a claim against BART and the officers. He says the officers were engaged in a form of racial profiling and selective law enforcement.
"This is a case where a slight admonishment could have easily have occurred but yet it did not," said Attorney John Burris.
RELATED: BART GM apologizes to man handcuffed after eating sandwich; more protests expected
Foster was cited and detained about an hour causing him to miss work.
BART's general manager apologized to Foster and BART riders in a public statement. He also said eating in the paid area is banned and that Foster had refused to provide identification, cursed at officers and made homophobic slurs.
A BART Spokesperson tells ABC7 News BART will not comment about a future lawsuit.
BART's independent police auditor is conducting an investigation, which will be paused if the district is served with a lawsuit.
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