Scott pretty much is the villain in this event.
And how are the actions of Captain America and the Avengers any more acemptable than Scott's?
Put yourself in Scott's shoes for a minute. Joe Government knocks on your door and basically says, "Hello, even though she has done nothing to deserve it, we're here to take your grand-daughter (son/daughter/grandson/wife/husband/parents/whatever) away from you and into our custody because of something she hasn't done yet but might do, based on the opinion of a psychopath who holds a massive grudge against you"? Don't tell me that you wouldn't be pissed. That you wouldn't resist in some way. Stuff like this is why so many right-wing gun-nuts so revere the 2nd Amendment, to protect yourself and yours in case the government comes after it.
Personally, I'm not seeing anything but villains on either side here. If Cap didn't want a fight, he shouldn't have brought 20 Avengers to watch his back. Wolverine, in particular, is being a monumental ass.