A man arrested for protesting a prayer during a legislative session in April filed a lawsuit against the state today, claiming his arrest was illegal.

Mitchell Kahle claims the defendants — Senate Sergeant-at-Arms Bienvenido Villaflor and two staff members, three deputy sheriffs and a lieutenant, the state, and unnamed others — violated his constitutional right to free speech, equal protection, and due process. Kevin Hughes, who claims he was assaulted while videotaping the event, joined Kahle as a plaintiff in the suit. 

The lawsuit, filed in Circuit Court, also claims the defendants committed excessive force, unlawful seizure, and malicious prosecution. 

State deputy sheriffs arrested Kahle at the Capitol after Kahle stood up during a prayer and objected. 

The suit said the Senate Sergeant-at-Arms staff escorted Kahle outside and assaulted both him and Hughes, who was videotaping the incident, while deputy sheriffs stood by and did nothing to help.

Kahle was charged with disorderly conduct, but a state judge acquitted him on Nov. 17, according to Lynne Waters, spokeswoman for the city Prosecutor’s Office.

The plaintiffs say they expect to attend future legislative sessions and encounter the same violations, unless the court does something.

The Attorney General’s Office, Senate Sergeant at Arms, and the Department of Public Safety did not immediately return calls for comment.