More than two months after accusing San Diego Chargers linebacker Shawne Merriman of "choking and restraining her", Tila Tequila has filed a lawsuit against the NFL player.

A civil suit was filed against Merriman on Tuesday (November 17), accusing him of assault, battery, false imprisonment and emotional distress.

The lawsuit includes a photo gallery showing the size difference of the two (Tila, 4'11", 93 lbs., and Shawne, 6'4", 280 lbs), as well as ones displaying the bruising on her arms, which Tila claims came from the incident.

In early September, Merriman and Tila (real name: Tila Nguyen) got into a domestic altercation during the early morning hours of September 6 at his home in San Diego, California. She phoned police at around 3:45 a.m., claiming she had been choked and restrained by Shawne as she tried to leave his home.

Merriman was taken into custody on suspicion of battery and false imprisonment, but was never charged.

The NFL player later denied Tila's assault claims, explaining that he only restrained her because she was "extremely intoxicated and inebriated", and wanted her to calm down while he tried to find her a ride home.

Tila denies his claims that she was drunk.

The San Diego County D.A. declined to press criminal charges against Merriman after spending three days reviewing the case, citing "insufficient evidence".

"After a thorough review of the investigation into the Sept. 6, 2009, incident at the Poway home of Shawne Merriman, our office has determined there is insufficient evidence to prove beyond a reasonable doubt that any crime was committed," said San Diego District Attorney Bonnie Dumanis. "This case is now closed. No further comment will be made."

According to the Associated Press, she is seeking $1.5 million in damages.

At press time, Merriman had not seen a copy of the lawsuit.