The Las Cruces Sun-News reports (http://bit.ly/12JMd4c) that the complained filed last week in U.S. District Court in Las Cruces says the search occurred when Mike Castro and his then-8-year-old grandson were rabbit hunting in 2001 on a private road.
A video of the stop reportedly recorded a deputy saying a rifle had been seen pointing outside Castro's vehicle's window.
Court documents say Castro had no weapons and the boy had a BB rifle.
The complaint says then-Sgt. Jon Day struck Castro twice when he asked why they were being searched.
Sheriff's department spokeswoman Kelly Jameson declined to comment.
Information from: Las Cruces Sun-News, http://www.lcsun-news.com