SARASOTA, FL - A Sarasota man that was caught on camera allegedly being kicked by a Sarasota Police officer has been given a settlement check by the city.  Now the FBI has been called in to investigate.

Juan Perez also signed a document which says he will basically release the city from any charges regarding the incident, which happened June 26th.  But his attorney says his client, who doesn't speak English, was confused.

The video shows officer Christopher Childers taking Juan Perez into the booking area of the Sarasota County Jail.  Perez had been arrested on charges of disorderly intoxication and obstruction.  Officer Childers is seen going over to Perez, kicking him, then holding him down with his foot.

"As anybody would be looking at raw footage, I was very concerned.  We wanted to make sure that we got to the bottom of this as soon as I could," says Sarasota Police Chief Peter Abbott.

Apparently the city worked quickly.  Officer Childers was put on administrative leave, pending an investigation.  And a $400 check has already been cut insuring Perez wont sue...as a settlement for the incident.

His lawyer says not so fast.  "I do not believe that that release is enforceful.  He was not aware of what he had signed."  Jim Delgato, Perez's attorney, says his client is Guatemalan.  He doesn't speak English, and Spanish is his second language.  So communicating is a challenge.

"As a taxpayer, I'm bothered.  As a citizen I'm bothered.  This has nothing to do with Mr. Perez being Latino.  This has nothing to do with that.  This is just inappropriate action by law enforcement officer or officers."

The police department says the Risk Management department of the City of Sarasota handled this issue.  When possible litigation is involved, Risk Management takes over.  "I don't give checks to people.  We don't give checks to people.  That is a Risk Management function.  Obviously you saw the video...there is a possibility of litigation.  You call Risk Management and put them in a place to manage the risk," says Chief Abbott.

The FBI was called in by Chief Abbott to investigate the criminal charges against Officer Childers.

ABC 7 tried to contact officials from the City of Sarasota to ask them about their policies for settlements and who approved this check.  Our calls were not returned.

Link to Police pay off suspect, FBI investigating incident:

http://www.mysuncoast.com/global/video/flash/popupplayer.asp?ClipID1=3966368&h1=Police%20pay%20off%20suspect%2C%20FBI%20investigating%20incident&vt1=v&at1=News&d1=178200&LaunchPageAdTag=News&activePane=info&rnd=24131147