Published: Sep 30, 2010 3:03 PM EDT
Updated: Sep 30, 2010 12:03 PM EDT

ORLANDO, Fla. (AP) - Charges will not be filed against an 84-year-old man involved in a scuffle with an Orlando police officer.

The State Attorney's Office gave no reason for their decision Wednesday, but Daniel Daley's attorney says a lawsuit will be filed.

Authorities have said Officer Travis Lamont used an approved takedown technique on Daley, but other factors - such as Daley's age - could have been considered.

Daley was drunk on Sept. 18 when he got into an argument with a tow-truck driver. He allegedly grabbed Lamont in an attempt to punch him. The officer then forced Daley to the ground and handcuffed him. Daley suffered a broken neck.

Police had planned to obtain a warrant to arrest Daley, but because of Daley's injuries they forwarded documents to state prosecutors.