TEMPE, AZ (3TV/CBS 5) -- A Valley man claims a Department of Public Safety trooper fractured his arm following a traffic stop and is now suing the department for excessive force.

DPS, however, says it was the victim who was the aggressor.

[WATCH: DPS trooper won't face discipline over traffic stop that man claims was excessive]

Mike Aldarraji, a former translator for the Army Reserve, says DPS Trooper Brian Hillenbrand pulled him over by the Loop 101 in Tempe last Monday. He was on the way to the hospital to see his mother.

Hillenbrand's dash camera recorded the encounter, which appeared to start as an average traffic stop.

[WATCH: Driver's allegations and response from DPS]

"I was going in and off the HOV lanes, just trying to rush around traffic, and I ended up getting pulled over," Aldarraji explained.

According to Adarraji said Hillenbrand started questioning him.

"I have an emergency my mother is in the hospital; I have to rush to the hospital," Adrarrji is heard saying in the DPS video.

"OK. Is she at the hospital now?" said Hillenbrand.

"Correct," Adarraji responded

"Are you going to treat her, or is she being treated by the doctor?"

[WATCH: Raw dash cam video (VIEWER DISCRETION ADVISED: Clip contains strong language)]

The video shows Hillenbrand going back to his car to issue Adarraji a citation. That is where the encounter should have ended.

"I stepped out of my vehicle so I could show him my insurance," Adarraji said.

Hillenbrand told Adarraji to get back in his vehicle.

The situation continued to escalate as the two argued over the ticket.

Hillenbrand walked away after citing Adarraji for driving in the HOV lanes and for having a tinted window darker than what's allowed by state law.

The video shows Adarraji getting back out of his vehicle. He admitted spitting in the direction of the patrol unit.

Adarraji claims that's when he was assaulted.

"And he takes off his gun, and he points it at me," Adarraji said.

Arizona's Family spoke to DPS about the incident.

"Our trooper's perspective is the manner in which he (Adarraji) comes toward the trooper, and because of the sun, the trooper cannot see what's in his hands," DPS Deputy Director Heston Silbert said.

"I was really terrified," Adarraji said. "Like, I didn't know what to do. Should I run? I just froze. I didn't think he was actually going to put a gun on me."

Adarraji claims Hillenbrand fractured his wrist.

DPS admits the Hillenbrand acted aggressively but says it was in accordance with his training.

"I see nothing in this video that shows me the trooper would have caused -- at any time -- injury or harm," Silbert said.

DPS said people have the right to question a citation when they're pulled over, but the better place to do that is in the courtroom

After an investigation, it was decided that Hillenbrand would not face discipline or be placed on leave.

 


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