Ronaldo Owens, who works at LAX, is seeking $5 million in compensation, after he claims he was pushed to the ground by Martinez at the airport, as he attempted to escape photographers.
The scuffle was caught on paparazzi video earlier this year, which clearly shows Martinez walking in front of wife Berry - who has their baby son Maceo in her arms, and daughter Nahla at her side.
As they walk through the airport, they are swamped by paparazzi, and Owens can be seen appearing to hold up a digital camera.
At this point it is claimed Olivier lunged at the airport worker, using a baby’s car seat to barricade himself between him and the cameras.
Entertainment site TMZ reports that Owens accused Berry of ‘masterminding’ the entire attack in his civil lawsuit.
Berry married Martinez in July 2013, giving birth to their son that October. Halle’s ex Gabriel Aubry, father of her six year old daughter Nahla, famously fell out with her new man when they began dating - with Gabriel being left black and blue following one particular altercation.