WEST PALM BEACH, Fla. — An ex-Palm Beach Gardens police officer is being sued after pulling her gun on a man who called 911 for help at a swimming pool last year.
The plaintiff, Ryan Gould, a resident of Illinois, claims that his civil rights were violated during the incident.
In a complaint filed Wednesday in West Palm Beach federal court, Gould said he went for a swim at a communal pool at his apartment complex on May 8, 2023.
While swimming, a dispute occurred between Gould and another swimmer. The other swimmer's husband eventually confronted Gould and displayed a firearm.
Read the full criminal complaint below:
In fear for his safety, Gould then called 911 to have law enforcement arrive at the scene.
Officer Bethany Guerriero of the Palm Beach Gardens Police Department was the first to arrive and "easily identified Gould as the 911 called who was unarmed," the complaint said.
Video from the scene showed that Gould was in a bathing suit with no shirt on.
Palm Beach Gardens police officer Joseph Strzelecki later arrived at the scene.
Gould later used his cellphone and placed it in a swimsuit pocket. The complaint said that Guerriero asked him to keep his hands out of his pocket, prompting Gould to reply that he was not the person with the gun and held his arms out.
"Guerriero's tone of voice escalated and she drew her gun on Gould," according to the lawsuit.
Strzelecki also drew his Taser and aimed it at Gould and Guerriero ordered him onto the pavement at gunpoint.
Gould complied with the officers' demands and put his hands to his side, according to the lawsuit. He was handcuffed and later taken to jail.
"Throughout the encounter, Defendant Guerriero spoke angrily and disrespectfully to Gould, including telling Gould to shut his mouth when Gould objected to how he was being treated," the complaint said. "Defendant Guerriero mocked Gould's toenail coloring and personally insulted Gould during the encounter."
Moments before Gould was to be processed, an officer released Gould and said that he would not be charged.
The lawsuit said that Gould suffered physical pain and mental anguish due to the stop, seizure and arrest by the officers.
"Since the incident, Gould has had increased anxiety and fear," the lawsuit said. "He no longer uses the pool and generally avoids public outings. He relocated from Florida to Illinois in part due to the incident. He has experienced continuing mental anguish in addition to the physical pain endured during the incident."
Three and a half months after the confrontation, Palm Beach Gardens police fired Guerriero, whose personnel record shows she's been in trouble before.
She was suspended in 2020 when she, "accessed a restricted database for personal information involving a domestic related matter."
Police reprimanded her in 2019 for what was called an "instigative verbal exchange" with a suspect before an arrest at the Palm Beach Gardens Mall.
In addition to the discipline, her personnel file also showed she's been recognized for saving lives in 2008 and 2015.
Both Guerriero and Strzelecki are named as defendants in the lawsuit, which cites that Gould's 4th and 14th Amendment rights were violated.
Gould is demanding a jury trial for the officers and an unspecified amount in damages.
