Tostee claims he was assaulted by police at a Gold Coast convenience store in 2014, the Courier Mail reports.
After being acquitted of Warriena Wright's death last year, Tostee is seeking damaged of $300,000 after accusing police of telling him he was being arrested for 'being a d***.'
The district court is claiming the incident occurred at the Lucky 7 convenience store in Ferny Avenue, Surfers Paradise, at 2:30am on January 27, 2014.
At the time Tostee was charged with public nuisance and obstructing a police officer, which he denied and were later dropped when officers found no evidence.
Tostee is now claiming the two officers who arrested him called him a 'd***' and 'f***' before throwing him to the ground and using capsicum spray.
The suit alleges the police actions amount to 'assault' and 'battery', 'false imprisonment' and 'deprivation of liberty'.
The state has not responded to the claim, which was filed on November 23.