VISTA, Calif. (AP) -- The family of a man with Down syndrome who was beaten and pepper-sprayed by a deputy is suing the San Diego County Sheriff's Department.
U-T San Diego (http://bit.ly/1kCSZPy ) says the negligence and battery suit was filed Thursday.
It involves 21-year-old Antonio Martinez, who has the mental capacity of a 7-year-old.
Martinez was walking to his parents' bakery in Vista in 2012 when he flipped a sweatshirt hood over his head and also ignored a deputy's order to stop.
Martinez was pepper-sprayed, struck with a baton, taken to the pavement and handcuffed, suffering scrapes and bruises.
A sheriff's captain later apologized to the family, calling the confrontation a mistake.
Deputy County Counsel Morris Hill said Friday he can't comment on the suit
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