Attorney Mike Woods says as far as he knows, Madison didn't suffer any physical injuries in the August incident, so he'd mainly have to sue for emotional distress.
Madison was stopped by two EPD officers back in August after they claim he ran a stop sign on his bicycle. Madison says he only waved at the officers.
Woods says its might be an uphill battle for Madison.
"It could be that he just wants to keep his options open," said Woods. "It could be that he just wants to send a message. Maybe he wants to get the community talking about some of the issues. I know they've pushed pretty hard for police officers to wear cameras, so maybe they just want to revive that argument again."
Under Indiana law, someone who wants to sue a public official must file a tort claim to give the other party notice, a lawsuit filed without a tort claim could be dismissed. The burden, City Attorney Ted Ziemer says, is now on Madison to decide if he plans to sue the city.