PORTLAND, Ore. (AP) — Patriot Prayer leader Joey Gibson and supporter Russell Schultz, who both face riot charges in Multnomah County, have filed a federal lawsuit against the county’s district attorney, alleging selective prosecution based on political beliefs.

The Oregonian/OregonLive reports the suit accuses Multnomah County District Attorney Mike Schmidt of engaging in unfair, selective prosecution by refusing to dismiss a sole felony riot charge against both Gibson and Schultz. The claim comes in light of Schmidt’s new office policy against pursuing that charge against people involved in recent Portland protests without an accompanying allegation of specific property damage or use of force.

Schmidt’s office has declined comment on Gibson’s case and also declined comment on the federal lawsuit.

Read the full complaint here: