A protester confronted by a Boston police officer, who was photographed with his hand around the protester's neck, is now contemplating legal action.
The protester, who gave only the first name Allie and did not want to be identified by gender, said the officer's hand was used to push and not choke.
"He pushed me,'' Allie said in a telephone interview Monday. "I turned to him and said don't push me. . . . Then he got angry. He grabbed me by the neck and then pushed me by the neck. He didn't choke me.''
Boston police said they are scrutinizing the photo, which was taken by a 22-year-old college student who uploaded it and other photographs of the event on the picture-sharing website Flickr.
"We need to review the totality of the circumstances and get a sense of what occurred before and after'' the incident, Boston police spokeswoman Elaine Driscoll said.
Allie said the officer's actions seemed inappropriate and the protester is considering legal action, although Allie was not specific.
Police arrested three people Sunday at the Boston Common, where Tea Party activists, who had secured a permit to gather, clashed with counterprotesters, many of them representing the Occupy movement. At one point, several protesters charged the stage where Tea Party activists were speaking.
Allie spoke of coming to the rally to represent gays, lesbians, and transgender people.
Allie also said the confrontation with the officer was sparked by a Tea Party activist who knocked off a lavender wig Allie was wearing. The activist and protester exchanged angry words.
That is when, Allie said, the officer approached.
The confrontation did not lead to an arrest. Two law enforcement officials identified the officer involved as Vaden Scantlebury, a patrolman who joined the department in 1993.
Scantlebury could not be reached for comment. Thomas Nee, president of the Boston Police Patrolmen's Association, did not return a phone call seeking comment.
The law enforcement officials, who spoke on condition of anonymity because they are not authorized to speak to the press, described Scantlebury as an experienced officer known for staying calm.
"He's pretty laid back,'' said one of the officials.
Soon after he joined the department, Scantlebury was one of three officers who helped rescue a Dorchester woman from a burning building. In 1998, Scantlebury was involved in the shooting of a drug dealer. Scantlebury's partner fatally shot the dealer as he drove toward the officers and later received an award for bravery for his actions.
Donald Gorton, a longtime gay rights activist, came to Sunday's rally with about 20 people as part of Join the Impact MA, which represents lesbians, gays, and transgender people. He said there were about 100 counterprotesters, mostly representing the Occupy movement.
Gorton said he did not witness the confrontation between Allie and the officer, but he was impressed with the overall police response.
"What I did observe was a spirited presence by the counterprotesters that the police respected and did not suppress,'' he said.
The photographer, Paul Weiskel, captured other pictures of Scantlebury looking angrily at the camera. In one photo, Scantlebury's hand is directly in front of the lens.
Weiskel, a photojournalist who said he was not affiliated with any of the groups at the Common, said he believed that Scantlebury was trying to take his camera.
The officer repeatedly told him to step back and batted the camera out of his hand twice, Weiskel said.
Weiskel said he is talking with representatives of the American Civil Liberties Union about potential legal action.
Driscoll said officials have stressed training officers on the nuances of the state's wire-tapping statute, which allows members of the public to photograph police officers at work.
"There is a difference between the wire-tapping statute and assault,'' Driscoll said. "They're getting assaulted by individuals that are holding cellphone cameras half an inch from their face and being told, 'You can't do anything; you can't do anything.' ''
Maria Cramer can be reached at mcramer@globe.com.