A man convicted of smuggling marijuana into the U.S. has filed a lawsuit over injuries he sustained when a trained U.S. Border Patrol K-9 bit him.

An attorney for Jose Manuel Marino-Najera filed the complaint in federal court in Tucson.

It alleges that Marino-Najera sustained permanent injuries after a Border Patrol K-9 bit his arm repeatedly during an arrest in the southern Arizona desert. Marino-Najera says he was sleeping by a tree when the dog approached him. He was carrying nearly 49 pounds of marijuana.

A criminal complaint against Marino-Najera says he was hiding behind a bush when agents approached him and another smuggler.

Marino-Najera pleaded guilty to a misdemeanor count of drug possession and was sentenced to 180 days in prison.