A Corvallis man arrested for driving under the influence of intoxicants - even though he was sober at the time - is suing the city and former Corvallis police officer Dave Cox. A second lawsuit also may be waiting in the wings.

On June 17, 2007, Cox cited Brian J. Noakes for DUII after a traffic stop near the Oregon State University campus. Citing Noakes' glazed and bloodshot eyes, Cox accused the 23-year-old accountant of driving under the influence of marijuana. Noakes said his eyes were red due to a cold, and that had never used illegal drugs.

While Noakes was being placed under arrest, his wife, Aslan, approached Cox and asked what was happening. Cox reportedly threatened to use his stun gun on her if she didn't back off. She also is a plaintiff in the lawsuit.

A breath test at the county jail showed that Noakes had no alcohol in his system. A urine sample sent to the state police crime lab came back negative for drugs. The district attorney declined to prosecute the case.

The lawsuit seeks an unspecified amount of damages plus legal fees for false arrest and civil rights violations. It also claims the city was negligent by failing to properly supervise Cox, despite a string of similar unjustified DUII arrests.

"Brian Noakes was not an isolated incident," said Dan Rayfield, an attorney with the Albany firm of Weatherford, Thompson, Cowgill, Black & Schultz, who are representing the Noakeses.

Bennett Hall can be reached at 758-9529 or bennett.hall@lee.net.

For more on this story, see Friday's Gazette-Times