An anti-gang activist has filed suit against Nassau police stemming from a 2006 Westbury incident.

Sergio Argueta said he was at the Majestic Diner in February of 2006 when Nassau police arrested him. The officers were responding to a complaint of trouble at the restaurant and forced only Hispanics to leave, regardless of whether they were acting out of line, Argueta said.

"They dragged me to the front of the diner, slammed me on the floor," he said. Argueta said the officers kicked and kneed him repeatedly while he was on the ground.

The Nassau County District Attorney's Office, which Argueta has worked with to combat gang influence on the streets, has filed trespassing and resisting arrest charges against him. Initially, the trespassing count was dismissed on procedural grounds. The charge was filed again, this time to the court's satisfaction.

Eric Phillips, a spokesman for Nassau District Attorney Kathleen Rice, said in a statement, "The judge's rulings regarding the complaint filed in this case have been based on purely procedural grounds...Ultimately, a judge or jury will decide this case on its merits."

Nassau County Police Department declined to comment because the litigation is pending.

Argueta said he wants an apology, monetary damages and all charges dropped.