A Florida woman is suing Marco Island officials, alleging that members of the police department used excessive force and falsely imprisoned her during an arrest in 2004.
Maryann Nesmith is suing for damages that exceed $15,000 stemming from six actions pertaining to her arrest: false imprisonment, malicious prosecution, civil rights violation, excessive force, abuse of process and superior negligence.
Neither Bill Harrison, risk manager for Marco Island, nor Frederick Kramer, attorney for Nesmith, would comment on the case.
According to the complaint Kramer filed, Nesmith was leaving the McDonald's restaurant on Marco Island on July 11, 2004, when Marco Island police officers blocked her vehicle, forcing her to leave the vehicle.
Nesmith alleges she was knocked off her feet, thrown to the ground, forcibly handcuffed and thrown against a police vehicle by Marco Island police in plain view of her 11-year-old son. She also said officers searched her vehicle without her consent.
Nesmith then was charged with a crime — Kramer would not comment on the nature of the charge — and was held at the Collier County jail. The charges against Nesmith later were dropped.
Nesmith alleges officers concocted a false charge against her because they realized her arrest was illegal, and were attempting to dissuade her from filing a complaint against them.
According to the complaint, Nesmith was obliged to pay fees to an attorney in order to get the charges dropped because she was arrested.
Nesmith is suing the city for superior negligence because, she alleges, city officials failed to train and supervise officers properly, and retained the officers after her arrest.
She alleges she suffered humiliation, degradation, physical pain and suffering and extreme emotional distress.
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