NSW Police refuse to be held responsible after a man was mauled on the neck by a police dog at Cabarita Beach on October 5
They say Brent Laine, 20, of Kingscliff obstructed a police vehicle and hit the driver's side window of the car, after they responded to reports of an out-of-control party near Round Mountain.
He was arrested and put into the police paddy wagon after he failed to show identification.
"After verifying the man's identity, he was directed to leave the caged police vehicle; however, he refused," a NSW Police spokeswoman said.
"Police pulled the man onto the roadway, however on landing the man fell on the loose gravel roadway and into the path of a nearby police dog.
"Thinking his handler was under threat the police dog has reacted."
Before taking Mr Laine to hospital police issued him a $200 criminal infringement notice for offensive behaviour at the Tweed Heads police station.
However, Mr Laine has a different version of events, admitting he swore, but denying any abuse towards police.
Mr Laine claims he was pulled by his hair as he was released from the police vehicle, causing him to fall.
"When they threw me, the dog was straight on to me," Mr Laine told News Limited.
"I can't believe it was on my neck. I was freaking out.
"I gave a squeal and then they pulled the dog off but I didn't know what was going to happen."
Mr Laine claims he had four bite marks on his neck and says police "should be accountable for their actions".
His father Michael Laine told News Limited he would not "let it rest" and would be contacting a lawyer.
Police said they were not conducting further investigations.