SALT LAKE CITY (AP) - A Utah Immigration and Customs Enforcement agent is asking an appeals court to bar prosecutors from any filing any new charges against him in connection with allegations that he slammed a manís face into a concrete floor.

The case has twice been tossed out by different judges and court documents show that Jon Martinson Jr. wants the case dismissed with prejudice so it canít be filed a third time.

Prosecutors have said the latest dismissal from U.S. District Judge David Sam on Monday was unexpected, and they are weighing their next move in the case.

Martinsonís lawyers say he used a common tactic to control an aggressive inmate awaiting deportation at an ICE facility in June 2013. Prosecutors argued Martinson crossed the line and violated the manís constitutional rights.

After 2 dismissals, ICE agent asks to block any new charges