Michael Davis Sapir claims that actor Tom Cruise, attorney Bert Fields and infamous jailed private investigator Anthony Pellicano conspired to spy on him.

He says they illegally wiretapped his phone ... why would they do that?

There is a bit of history between Tom Cruise and Michael Davis Sapir.

In 2001, Cruise sued Sapir for $100 million after he claimed video of Cruise "engaged in a homosexual relationship." That lawsuit settled later that year.

Both parties issued a statement saying that no such tape existed.

Tom Cruise is a wild man. But a spy?

In the latest suit, filed Friday in L.A. County Superior Court, Sapir claims Pellicano illegally wiretapped his phone during the time of the 2001 lawsuit.

Sapir claims in the suit that Cruise, Fields and Pellicano were all privy to what was going on, and is currently suing the actor for $5 million, minimum.

Bert Fields says they did not even hire Pellicano to work on the Sapir case.

There was no comment from Cruise's rep. Pellicano? Well, he's in jail.