(Las Vegas, NV) — A federal grand jury is reportedly reviewing a nearly three-year-old incident, in which a Henderson police sergeant was caught on video kicking a man who was in diabetic shock.

The Justice Department is not commenting on the investigation surrounding Sergeant Brett Seekatz, according to the “Review-Journal”.

The October 2010 incident led to a settlement of nearly $300,000 to Adam Greene.

The district attorney’s office refused to file charges against Seekatz, who was disciplined and moved to another position in the police department.