Waring wants $2 million in damages after pepper balls were fired into his jail cell.
And he claims the deputies fired the rounds into his cell after he filed a motion to dismiss his attempted murder charge.
Waring says he was subjected to "pain and suffering" and was subjugated to "cruel and unusual punishment" after being taken to the Orange County Sheriff's Intake Release Center on June 24, 2018.
"The (deputies) fired pellets at his cell, as well as the cell of other inmates near him, while they were sleeping," Waring's attorney, Joel Garson, told RadarOnline.com exclusively.
"We believe it to be in retaliation for his motion to dismiss."
Waring counters that the "use of force" was "unprovoked" and did not stem from any sort of violent situation that warranted their alleged response.
The reality star's son is now suing for $2 million for alleged "unprovoked assault" by Orange County Sheriff's deputies.
He claims he endured both "pain and suffering" as a result of these actions.
While his team also claims that surveillance camera footage from that particular day will show that thee was no violent behavior from him to merit the actions of the deputies on duty at the jail.
Waring's girlfriend, Shelby Slezak, revealed that she sent a letter of her own 'free will' to the County defending him and that she is now fearful for his safety.
She told RadarOnline.com: "I googled the Sheriff's policy for using pepper balls, I was absolutely appalled to see that they had totally violated protocol.
"There isn't a day that goes by where I do not worry what is happening to him in there.
"Not only do his rights get violated consistently, it is the hardest thing to watch the person you love being treated horribly and attacked constantly for trying to prove their innocence."
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