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Mount Vernon Activist Files Suit, Wants Cop Fired Over Arrest

NEW YORK(CBSNewYork) -- Was it improper policing or did a political activist go too far?

There was fallout on Friday night from a controversial arrest made in Westchester County. The man who shot the video said he was trying to protect them men stopped by police in Mount Vernon, he also said his own rights were violated.

It seems like everyone has a smartphone with a camera these days, and many people are using them to record cops interacting with citizens.

On Tuesday night, in Westchester one rookie cop clearly had enough.

"Just making sure you're not violating anyone's civil rights. Lots of that going on in Mount Vernon," Samuel Rivers can be heard saying.

As CBS2's Tony Aiello explained, Rivers has been a longtime critic of Mount Vernon police and of the city's mayor Ernie Davis.

"He micromanages. We have an absentee commissioner," Rivers said.

On Tuesday night, Rivers started recording as cops pulled over a car with no license plate.

Rivers told CBS2's Aiello that he didn't feel that he was provoking the cops at all.

"No not at all. I was within my rights as a citizen," he said.

Rivers kept up a running commentary as the police worked. He was arrested for harassing a police officer.

"The police officer overreacted in this case. What he could have done is told him 'please sir, step back, you're interfering with an investigation," Police Procedure Expert, John Eterno, Molloy College said.

Eterno said cops are trained to escalate force if several commands are ignored, then an arrest may be justified.

Police are also trained to keep their cool in an age when almost everyone can record a video.

"I was a Captain on the NYC police department and you are trained to deal with people who do try to goad you into doing something. So he should have known better than to react that way," Eterno said.

Rivers plans to file a lawsuit.

"I think he should be fired. I'm going to push for him, nothing short of him being terminated from his position," Rivers said.

He said cops took him to the station with an apology and no charges.

Mayor Davis said the incident is under review and called Rivers a 'provocateur playing a dangerous game that undermines legitimate police work.'

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