A former city prosecutor has filed suit against Lafayette Consolidated Government alleging wrongful termination and breach of contract.

In a suit filed Monday, Marcus A. Allen alleges that he was fired after being given a choice to either resign or be terminated due to a simple battery charge that had been filed against him.

The suit says Allen was contacted in August 2010 by then City-Parish Attorney Pat Ottinger who allegedly presented Allen with the two choices.

The suit says that Allen told Ottinger that he did not think that it was fair that he only had two choices since he had not had an opportunity for a due process hearing.

Ottinger allegedly told Allen that he “did not care about his due process, that either he resign now or be terminated,” the suit says.

Allen was charged July 19, 2010, in district court on a bill of information alleging he committed simple battery on Vaughn M. Swilley, a bondsman at A Able Bonding, on Oct. 14, 2009.

District Attorney Mike Harson has said that Swilley accused Allen of pushing him outside of the Lafayette Parish Courthouse during a dispute the two men were having about a client Allen represented in his private law practice.

The case against Allen was dismissed in March, according to the suit.

Allen says no one from Lafayette Consolidated Government ever contacted him to offer an apology or to offer reinstatement of his position after he was cleared of the charges, the suit says.

Allen served in the position from 2004 until Aug. 20, 2010. He was replaced by Thomas Michael Dupont, who was offered the job in December.