A Sterling, Va., father of five, with twins, is suing a former Loudoun County Sheriff's Deputy, accusing him of using unnecessary force during an incident November 15, 2009. 36-year-old Carlos Garcia said he was standing with his hands clearly visible in the air when Deputy Terry Daniel knocked him to the ground and caused a serious brain injury. The incident was recorded by the deputy's dashboard camera.

The lawsuit was filed in U.S. District Court in Alexandria.

Daniel resigned from the Loudoun County Sheriff's Office last summer and moved to Alabama.