Bannister says in the lawsuit filed Monday that Conway ordered the arrest in 2010 as part of a long-standing vendetta to remove him from office.
Conway told The Atlanta Journal-Constitution that he stands by the apology he gave Bannister after test results cleared him of the charges.
Conway said he’s sorry it happened, and that officials did all they could as quickly as possible to resolve the situation.
Bannister was booked into jail in June 2010 after he left Cafe Hot Wing, a Lilburn-area restaurant. Authorities say breath tests showed he had no alcohol in his system, and blood tests confirmed those results.