Lawyers for the Virginia Department of Alcoholic Beverage Control want an amended civil lawsuit, filed by University of Virginia student Martese Johnson thrown out.

Court documents indicate the defendants filed an expedited motion to strike.

Lawyers for the defendants say the lawsuit was changed beyond what a judge had instructed Johnson’s attorneys during a hearing last month.

Johnson is suing Virginia ABC, its director, and three agents involved in his bloody arrest.

He is seeking $3 million at an October jury trial.