The case became embroiled in controversy when several Lexington police officers were suspended after posting derogatory comments on Myspace.com, and altering a photo of Montgomery, superimposing the face of the arresting officer over that of a fan whom the singer posed with for a photograph. Also, Montgomery's attorneys pointed out that Cromer was in the bar with Montgomery that night and knew he had been drinking, but did not try to stop him from driving away.
Cromer was congratulated on the Web site for his high profile arrest.
Cromer and the other officers made a public apology after the arrest, and Lexington Police Chief Anthany Beatty did likewise at a press conference.
Two of the officers, Gene Haynes and Adam O'Quinn, were suspended without pay, and had to perform community service and undergo extensive "sensitivity training" before going back out on the streets.
Montgomery entered an Alford plea agreement in August 2006 to charges of driving while intoxicated.
In the deal, Montgomery has agreed to enroll in an alcohol education program. He was also fined $200, plus court fees, for a total of $663.50. His license was also suspended until he completed the program.
According to First Assistant Commonwealth's Attorney Jack Miller, when someone makes an Alford plea, it means that he or she did not admit guilt but acknowledged that prosecutors had enough evidence to convict him.
Edwards said that Cromer's case is under appeal in Fayette Circuit Court. She added that she could not comment on the lawsuit.
Montgomery issued a public statement Tuesday in response to the lawsuit.
"I was disappointed to learn of the filing of the lawsuit," he said. "I wish to thank my fans for their continued support as I vigorously defend myself against the unfounded allegations contained in the complaint."