In this appeal Plaintiff Raymond Berthiaume sued Lieutenant David Smith of the Key West Police Department and the City of Key West. In his lawsuit he claimed he was falsely arrested, and claimed he was the victim of excessive force, false imprisonment, battery, and malicious prosecution at the hands of the officer who arrested him during an incident that took place during the Fantasy Fest Parade events in Key West.
The facts stem from an altercation between two gay men who formerly had been partners. Both men attended the Fantasy Fest parade with friends after which they went to a gay bar. Berthiaume was not ready to leave the bar when Jimenez was, so Jimenez waited by his car for a short time but returned to the bar to find Jimenez still there. Berthiaume led Jimenez out of the bar with his hand on Jimenez’s upper arm. Jimenez took the car keys from Berthiaume and ran down an adjacent alleyway. Berthiaume chased after Jimenez to retrieve his keys. Several police officer patrolling the activities observed the activities between the men and believed that they were witnessing a fight or altercation between the two men. Officer Smith ran toward the alley to intervene and he pushed Berthiaume on the shoulder to stop him from pursuing Jimenez causing him to fall and damage his wrist and jaw. Jimenez explained they were former partners and were trying to get back to together. Despite Jimenez’s unwillingness to press charges against Bethiaume, Smith arrested him and charged him with domestic battery.