County councilman files lawsuit

On the two-year anniversary of Monroe County Councilman Scott Wells' arrest by the Indiana State Police, David Colman, Wells' lawyer, filed a lawsuit on his behalf.\nWells filed the lawsuit because he believes his civil rights were violated. \n"I hope to clear my name, restore my reputation and get total vindication," Wells said. "You can have all of the cost of comfort convenience, your materialistic wants and desires, but the only thing you really have on this earth is your good reputation -- without that, you are nothing."\nColman said a case such as this could take up to 18 months to resolve. \n"The (lawsuit) arises from the unlawful, wrongful and tortuous conduct by the Defendants in creating the brutally violent false arrest of Scott D. Wells and his wrongful imprisonment and malicious prosecution, all done in violation of Indiana Law and Federal Law and in deprivation of Scott D. Wells' constitutionally protected rights," the suit states.\nThe Indiana State Police, the state of Indiana, Herman "Bud" Bernitt and Amy Bernitt are named as defendants in the suit. The Bernitts "observed (Wells) driving in a dangerous and erratic manner, nearly running into pedestrians and demonstrating obvious impairment in his driving," according to the suit. Wells is disputing these claims in his suit.\nThe Indiana Daily Student reported in January 2004 that according to Indiana State Police reports, Wells was stopped in downtown Bloomington by a state trooper who was investigating a drunken driving complaint made by Wells' political adversary Bud Bernitt.\nAccording to the suit, the Bernitts called Indiana State Police Officer J.D. Maxwell, who was the Republican candidate for Monroe County Sheriff at the time. Maxwell, now deceased after battling with brain cancer for 14 months, was off duty at the time. Maxwell instructed officers Stacy Brown and Travis Coryea, who were on duty that night, to stake out Wells' car on suspicion of him driving drunk. \nThe two officers, also named in the suit, pulled Wells over after following him for a short period of time for a seatbelt violation, according to the suit. The two officers then allegedly struck Wells with several blows on the upper half of his body throwing him to the ground with his hands behind his back, the suit claims. \nThe lawsuit states "as a result of their combined efforts and actions, Scott D. Wells was subjected to False Arrest and False Imprisonment, and a Malicious Prosecution."\nNone of the defendants could be reached for comment by press time. \nAccording to State Police reports during his arrest, State Trooper Stacy Brown asked Wells to take a Breathalyzer test. Wells refused a test when pulled over and insisted it be administered at the Monroe County Jail. Police reports show Wells blew a .075 on the Breathalyzer, just under the legal limit of .08. \nWells was found guilty of operating a vehicle while intoxicated and disorderly conduct but was acquitted of misdemeanor battery and resisting law enforcement, the IDS reported in Nov. 2003.\nNearly two months after Wells was found guilty, he received a 240-day suspended jail sentence because Special Judge Frank Nardi felt Wells did not deserve jail time, Wells also paid fines and court fees.\nWells previously told the IDS he believes that certain Republicans were tired of him being in office because he stood up for what he believed in and that was the reason he was targeted.\n"You can beat me, you can mistreat me, but you cannot defeat me. ... I just checked today, and I still was not in the obituaries," he said. "It is not over, yet; I am innocent. I believe in the upcoming second round of my trials. The whole truth will come out, and the outcome will be much better for me. "\nAfter the arrest, Wells was fired from his tenured teaching position at Owen Valley High School for "neglect of duty." He was planning on retiring from his teaching career a the high school, but he said he cannot find employment now partially because his tenure dictates he should receive a high salary and partially because of his arrest.\n"The hatred of some of my critics is alarming. Just because I was winning big politically at the microphone with facts, figures and pictures, exposing the truth," Wells said, "it was pay back time on the night of my arrest over two years ago."\n-- Contact senior writer Mike Malik at mjmalik@indiana.edu.