In his lawsuit he also accuses the officers of attacking him after they couldn't get his arms behind his back to handcuff him.
Click here to read the lawsuit
Payne says his condition limits his arm movement.
On top of suing the officers, Payne is also suing the city of Raleigh, the Police Department, and the owners of the nightclub.
Payne is seeking at least $75,000 in compensation.