AKRON, Ohio -- Former Akron police chief James Nice, who claimed in a federal lawsuit that a criminal prosecution of him was "meritless," is nevertheless arguing that his misdemeanor conviction should remain intact.

Nice, in responding to prosecutors' attempt to vacate his guilty plea to a charge of unauthorized use of a police database, argued that the state law prosecutors cited in their arguments do not allow them to ask a judge to vacate the plea.

The motion, filed Friday by Cleveland attorney Rick Ferrara, further argues the judge has no jurisdiction over the case because Nice has already been sentenced. It also says Nice did not breach his plea agreement.

Nice, 64, was placed on probation and ordered to pay a $1,000 fine when he pleaded guilty in February. The misdemeanor charge stemmed from the then-police chief admitting to improperly telling an officer to look up a vehicle identification number in a law enforcement database.

Nice's attorney said in Friday's motion that the prosecution "fails to allege that the plea bargain included waiver of the right to file a civil lawsuit, or that Defendant promised to limit how he would describe his plea bargain and conviction."

"There were no such terms in the agreement," the motion says. "The State asserts no law prohibiting a person from doing so."

The plea came several months after Nice was forced to resign amid accusations that he made disrespectful, racist remarks about Charles Brown, Akron's safety director. The Akron Beacon Journal also reported that Nice was accused of coercing a female employee into a relationship.

Nice, a former FBI agent hired by the city of Akron in 2011, denied making the statement and filed a federal lawsuit July 10. He accused city officials of retaliating against him for not showing loyalty to Mayor Dan Horrigan.

The city of Akron called the lawsuit frivolous.

Around the time Nice resigned, prosecutors were pursuing a criminal case against his nephew, Joseph Nice, related to accusations that he forged a car title. Those charges were later dropped, and prosecutors' focus turned to James Nice.

The ex-chief claims in his suit that he did nothing illegal, but pleaded guilty "in an effort to avoid further prosecution for more serious meritless offenses and in an attempt to minimize the scathing press coverage he experienced as a result of the meritless prosecution."

Assistant Cuyahoga County Prosecutor Matthew Meyer, who handled the case after Summit County Prosecutor Sherri Bevan Walsh recused herself, filed a request to vacate Nice's plea the same day Nice filed suit.

He argued that Nice's plea to a charge he believes has no merit represents a "manifest injustice" and that Nice should have his day in court to prove his innocence.

If you would like to comment on this story, please visit Monday's crime and courts comments section.