SACRAMENTO, Calif. — A man charged with hitting Sacramento, California, Mayor Kevin Johnson in the face with a coconut cream pie plans to sue after the mayor hit him back.

Claire White, the attorney for 32-year-old Sean Thompson tells the The Sacramento Bee Monday that she is filing a lawsuit accusing the mayor and former NBA star of battery and violating Thompson’s civil rights.

Thompson is charged with assault and battery after shoving a pie in Johnson’s face last week.

Johnson then punched Thompson and helped police tackle him. Thompson’s mug shot shows him with a cut and stitches under his blackened eye.

Johnson said Monday that he had a right to defend himself after Thompson struck him from behind.

The former Occupy protester says the mayor isn’t doing enough to fight homelessness.