Victory for Gardens officer who held unarmed man at gunpoint in viral 'unhinged cop' video

Yahoo

2 days ago

WEST PALM BEACH — A federal appeals court has dismissed a civil-rights lawsuit against a Palm Beach Gardens police officer whose viral arrest of an unarmed man drew national scrutiny, upholding a lower court's ruling and marking the latest in a series of victories for officer Bethany Guerriero.
In a 13-page opinion, the panel of judges said Guerriero was not in the wrong during her May 2023 encounter with Ryan Gould, a then-resident of Palm Beach Gardens' Sabal Ridge apartment complex. Gould called 911 to report a neighbor who threatened him with a gun, only to be arrested at gunpoint himself when Guerriero mistook him for the suspect.
Surveillance-camera footage in the apartment complex's parking lot showed Guerriero ordering Gould to the ground with her weapon drawn, ignoring his insistence that he was the victim. The video, posted to YouTube under the title 'Innocent Man Arrested by Unhinged Cop,' went viral. The city fired Guerriero in January 2024.
Gould sued Guerriero soon afterward, accusing her of excessive force and false imprisonment. Guerriero, a 20-year veteran with the department, invoked qualified immunity, which, under Florida law, shields officers from personal liability unless they act with 'malicious purpose or in a manner exhibiting wanton and willful disregard.'
U.S. District Judge Donald M. Middlebrooks dismissed the lawsuit in August, ruling that Guerriero did have probable cause to arrest Gould, and that her actions did not violate clearly established law. He found that the body-camera footage supported her version of events, including Gould's failure to follow commands.
'Any reasonable officer who was called to a scene due to a man brandishing a concealed weapon would have been aware of the danger of a man reaching into his pocket after being instructed not to,' Middlebrooks wrote.
The appellate court agreed, concluding that Guerriero's decision to draw her firearm and arrest Gould was constitutional, given the conflicting 911 calls and uncertainty about who was armed.
'It is not clearly established law that drawing a gun on an unidentified individual thrice disobeying the reasonable commands of an officer … constitutes excessive force,' the court wrote. The judges noted that Guerriero repeatedly told Gould to keep his hands out of his pockets and to drop his phone, and only escalated when he failed to comply.
The court's decision, finalized with a mandate on June 3, effectively ends Gould's federal lawsuit, barring an appeal to the U.S. Supreme Court.
Though Guerriero was initially fired for violating department policy — including policies on conduct, courtesy and response to resistance — she was reinstated months later through arbitration. The arbitrator ruled that her conduct warranted serious discipline, but not termination, and she returned to duty without back pay.
In his ruling, arbitrator Richard J. Miller found that Guerriero's behavior — including escalating the encounter with verbal taunts, drawing her weapon and violating several department policies — was serious enough to warrant discipline but not dismissal. He noted Guerriero admitted to violating policies on response to resistance, conduct unbecoming and professional courtesy.
Still, the arbitrator rejected the city's argument that her actions and past record— three prior disciplinary incidents over her two-decade career — justified ending her employment. He emphasized the principles of progressive discipline and determined that a suspension without pay was more appropriate.
'Termination is too severe a punishment in this case,' Miller wrote. 'This award gives Officer Guerriero another chance and, at the same time, does not become a financial liability to the city.'
City officials had maintained that Guerriero's conduct undermined public trust and departmental credibility. The incident drew more than 60,000 views online and sparked hundreds of calls and emails to the police department, many of them critical.
Gould's attorney, Eric Rice, did not return a request for comment.
Hannah Phillips is a journalist covering public safety and criminal justice at The Palm Beach Post. You can reach her at [e-mail].
This article originally appeared on Palm Beach Post: Lawsuit dismissed against Florida officer in "unhinged cop' video