I think the issue here though is the neutering of BP. There was an illegal a while back who attacked and resisted BP, was tasered multiple times - and later died. It was investigated and no one was indicted. In this case I smell an election cycle bone to La Raza & co. Assuming this criminal was resisting, is getting kneed and put in a chokehold a violation of civil rights? really? Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?
No. The prosecution will have to prove to a jury, beyond a reasonable doubt, that he was not resisting. Since they haven't identified the alleged victim, either they have good videotape, or the case goes bye-bye.
Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?
If he's convicted, I suspect yes. (There may be immunity issues, but that's beyond my legal expertise.) But if the agent isn't convicted, no.