Fonseca

MEMORANDUM **

Officer William LeBaron appeals the denial of his motion for judgment as a matter of law after the jury returned a verdict in favor of Jose Fonseca and awarded $250,000 in damages. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

*848 I

LeBaron claims that he is entitled to qualified immunity. We need not reach Fonseca’s contention that LeBaron waived qualified immunity by failing to raise it properly below. Viewing the evidence in the light most favorable to Fonseca, we conclude that a reasonable police officer would not have believed he had probable cause to arrest Fonseca for lewdness. See, e.g., Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001); Willingham v. Loughnan, 261 F.3d 1178 , 1185 n. 9 (11th Cir.2001). At best, Fonseca aroused suspicion by (1) visiting a public restroom that was notorious for lewd behavior, (2) making eye contact with LeBaron as he approached the restroom, (3) washing his hands before urinating, (4) pulling his foreskin back twice, and (5) not immediately urinating as he stood at the toilet. These observations fall short of giving a reasonable…