Loyd Waters, a Simi Valley police officer who was fired in April for spraying Mace in the face of a handcuffed prisoner, is suing the city to get his job back.
The suit, filed Dec. 26 in Ventura Municipal Court, alleges that Waters' dismissal was "excessive in light of the conduct and circumstances."
Waters claims he sprayed the tear gas at the prisoner, Chris Durkee, because Durkee kept screaming while in a holding cell. Durkee, who was not permanently injured, was subsequently released.
In June, Waters pleaded no contest to one misdemeanor charge of assault under the color of authority. In his July appeal to be reinstated, Waters said he "lost it" when he heard the prisoner screaming because he had worked almost 30 hours of overtime just before the incident.