Former state representative Perry Hooper Jr. has filed a lawsuit against Montgomery’s police chief and the city of Montgomery, alleging he was set up for an arrest on a sexual abuse charge involving a Montgomery restaurant hostess last summer.

The case was dismissed after the alleged victim decided not to press charges and asked for an apology from Hooper.

Hooper issued an apology.

But in a lawsuit filed Tuesday in Montgomery County Circuit Court, Hooper said he never should have been charged. He is asking for a copy of the video of the incident that led to the charge, which his lawsuit described as “laughable.”

“The Plaintiff and his family have suffered emotionally and financially,” the lawsuit says. “The only way for the Plaintiff to save his reputation is to view said file and expose what was an obvious political set-up by the Plaintiff’s political enemies.”

Defendants in the case are the city of Montgomery and Police Chief Darryl Albert. AL.com left a message with the city’s legal department asking for a statement or response to the lawsuit.

Hooper has been a longtime outspoken supporter of former President Trump in public statements and opinion pieces for media outlets. His lawsuit suggests that is a reason for an effort to discredit him.

“Based on information independently obtained, these enemies were working in a company to destroy the plaintiff for his published letters and support as Alabama Coordinator for President Donald Trump,” the lawsuit says.

Hooper, 68, was arrested in August after of the incident at Ravella, a downtown Montgomery restaurant. He was charged with first-degree sexual abuse, a felony. An affidavit filed at that time said Hooper approached the victim from behind, grabbed her breasts and waist, shoved his pelvis into her backside and began kissing her neck before she was able to break free. A Montgomery County grand jury indicted Hooper in November.

Later in November, the alleged victim, Elizabeth Daly, issued a statement through her lawyer.

“I have asked that any charges against Perry Hopper be dismissed. The matters relating to Mr. Hooper and me have been resolved and going through the turmoil of a trial would provide no more justice than getting a sincere public apology from Mr. Hooper. I so respect and appreciate law enforcement and the job they have to perform, nevertheless, I request these charges be dismissed.”

In December, the Montgomery County District Attorney’s office then moved to dismiss the case.

Hooper also issued an apology in December.

“I would like to express my sincerest apologies to Elizabeth Daly,” Hooper said in the statement issued through his attorney, Joe Espy III. “On August 16, 2022, Miss Daly was assisting my friend and me, as a hostess where we were dining. I was wrong and I take full responsibility for my actions. Miss Daly is an exemplary person and my behavior was unacceptable. I hope she will accept this apology for my regrettable conduct.”

In his lawsuit, Hooper describes the incident with the hostess much differently than the affidavit that led to his arrest. The lawsuit says the hostess had initially told Hooper and another guest that they would have to wait 45 minutes for a table, but was later able to seat them in five minutes. The lawsuit says that as Hooper was leaving the restaurant he wanted to thank the hostess. It says he politely hugged her and kissed her on the cheek. The lawsuit says Hooper and his family were allowed to watch the video of the incident at his lawyer’s office.

“When the Plaintiff and his family viewed the tape, it was laughable,” the lawsuit says. “The video was only 2.2 seconds and clearly shows that the Plaintiff did not commit a sexual act and the hostess told the Plaintiff and his guests “Thank you, come back,” or words that that effect.”

Hooper, who is represented by attorney Thomas Gallion, claims in the lawsuit that he has made requests under Alabama’s open records law to obtain copies of the arrest records, including the video, but has been denied access to those by the city.

His lawsuit asks the court for a declaration that the city violated his due process and the open records laws. It asks the court to order the city allow him to view and copy the records.