According to legal papers filed in Columbia, South Carolina, the unnamed man was "humiliated" by the incident at an upmarket restaurant in October 2005.

The scene is not in the movie, but has been shown on US cable channel Comedy Central and is available online.

Film studio 20th Century Fox was not immediately available for comment.

As well as seeking damages, the plaintiff is asking that the scene will not be included on the DVD of the Borat film, which topped both the UK and US box office earlier this year.

Legal woes

This is not the first case brought against the film's producers by disgruntled participants.

Last week, a Los Angeles judge dismissed a request by two South Carolina university students to block the DVD release of the movie.

The judge also refused to order the removal of a scene that includes the two men, who claim they were duped into making racist and sexist remarks on camera.

A trial date for an additional claim - demanding unspecified financial damages - has not been set.

Two Romanians used as extras in the film are also suing for $30m (�16m), claiming they and their neighbours were depicted as rapists and criminals.