A lawsuit filed by a man misidentified in an arrest almost a year ago will continue despite his death, according to a notice filed by his estate. The twin brother misidentified in a September arrest filed a civil suit on July 17 claiming defamation, invasion of privacy, malicious prosecution and intentional infliction of emotional distress. Keary Maurice Nicely, 38, of Gainesville was mistaken for his brother Kelly Martinez Nicely, also of Gainesville, who was accused of assaulting officers while nude.