An Oak Harbor man arrested for allegedly impersonating a police officer is suing the city and the top two officials at the police department for false arrest and defamation.

Jim Bailey’s attorney, Chris Skinner of Oak Harbor, filed the lawsuit in Island County Superior Court Thursday. It names the city as well as Chief Ed Green and Capt. Teri Gardner as defendants.

Bailey filed a $100,000 tort against the city last February, which is a step that has to be taken before a lawsuit can proceed. Skinner said he didn’t hear a response from the city’s insurance provider, which he characterized as unusual.

The lawsuit claims that the police improperly arrested Bailey without a warrant, held him for more than seven hours without cause and issued a press release that was false and misleading.

The lawsuit alleges that Gardner orchestrated the arrest; Skinner said that it appears that she may have had an “agenda.”

“Prior to the incident that gave rise to the plaintiff’s false arrest and imprisonment,” the lawsuit states, “Defendant Gardner had been attempting, without success, to acquire evidence of criminal conduct on the part of Bailey similar to that for which he was falsely arrested and accused in August of 2014.”

Skinner, it should be noted, has a history with Gardner. He’s publicly criticized her leadership and challenged her veracity in a high-profile criminal case. He successfully represented a police officer who faced termination after the officer sent texts about Gardner’s romantic relationship with an officer she later married.

Skinner previously filed several claims against the city related to Mayor Scott Dudley’s personnel management and his termination of employees.

Gardner could not be reached for comment. Green said he could not comment on the litigation.

Bailey’s lawsuit stems from an Aug. 6, 2014 incident in which he intervened after seeing a man striking a woman inside a car on Northeast Harvest Drive. In response to a 911 call, the dispatcher sent out the call as “officer needs assistance,” which greatly heightened the urgency of the police response, according to the police department.

A witness and the alleged victim told police who responded that Bailey claimed he was a retired police officer, according to a report by Police Detective Jim Hoagland. Bailey was never a certified police officer but previously worked at the Oak Harbor Police Department in various capacities, including as a DARE officer and crime prevention officer, according to documents obtained through a public records request.

A detective arrested Bailey on Sept. 10, 2014. He was held at the jail for about eight hours without being allowed to contact his attorney, the complaint states.

After Bailey’s home and vehicle were searched, an officer cited him for criminal impersonation. The city’s prosecutor, however, dismissed the charge on Sept. 16, 2014, to allow the police to investigate further; the charge has not been refiled.

Green issued a press release claiming that Bailey “may have been impersonating a police officer for many years and may have gained fiscally, conducting training and lectures as a ‘retired police officer’ throughout Washington state.” The press release asked anyone who was a victim to call the police.

Skinner said the press release was inaccurate and brought national media attention to the case. It caused Bailey, a well-known and longtime resident, extreme embarrassment and humiliation, he said.

The lawsuit claims that Bailey’s arrest and detention were illegal because they were done without a warrant. Under state law, cops may only arrest someone on suspicion of a gross misdemeanor crime without a warrant under certain circumstances; Skinner said none of the exceptions apply in this case.

He concedes that, under case law, police can arrest someone on a misdemeanor charge if that person is later charged with the crime. But he argues that the city prosecutor’s decision to dismiss the case shortly afterward shows that it was not a valid arrest in the first place.

The lawsuit alleges false arrest, false imprisonment, defamation, intentional infliction of emotion distress and violation of both state and federal civil rights.

Skinner explained that Gardner and Green could be found individually liable for their actions but that the city’s insurance provider would likely pay any judgment against them or the city as a whole.