Suit filed against embattled Nitro councilman

CHARLESTON - A Nitro City Councilman is now facing a civil lawsuit stemming from allegations that he sent a nude picture of himself to a woman using a fellow councilman's name.

William Clark filed his lawsuit Nov. 21 in Kanawha Circuit Court against Tim Harrison, who is hoping to hold onto his seat in the council despite the allegations.

Harrison's problems started when Mitzy Ross claimed Harrison and another woman engaged in sexually explicit conversations online. She added that he sent a nude photo of himself using Clark's name.

The City Council voted 5-2 to take steps to remove him from his position.

"In or around September 2006, Plaintiff was notified by a friend that e-mails and/or instant message correspondence was being received by her niece from an individual identifying himself as the plaintiff," the complaint says.

"Upon investigation, including the review of the photographs sent, it was determined that Defendant had, in fact, been using Plaintiff's identity for purposes of carrying on lewd and obscene conversations over the Internet."

Clark says he is entitled to punitive damages and that his reputation has been damaged by the "negligent and intentional theft, misuse and misappropriation of Plaintiff's identity."

Martin Smith of Smith Law Offices in Cross Lanes is representing Clark.

The Charleston Gazette reports that Harrison and attorney Michael Clifford are planning a $10 million countersuit for damages done to his reputation and an intentional infliction of emotional distress.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-2506