Michael Psenicska began legal proceedings on Tuesday with the U.S. District Court in New York City seeking $100,000 in compensatory damages, citing the extensive advertising that used his image.
The Baltimore native has also accused the film's staff of lying about the nature of their production, which he believed was a documentary about immigrants in the U.S.
But Gregg Brilliant, a spokesman for Twentieth Century Fox, says, "He signed a release, and we have an agreement.
"Now, two and a half years after giving his consent and more than one year after the movie was released, Mr. Psenicska has decided to file a lawsuit, citing the financial success of the film, in spite of our agreement."
The film, which stars comedian Sacha Baron Cohen as his bumbling alter-ego Borat, has grossed over $260 million worldwide.
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