REUTHER v. ANDERSON

No. 95-3656.

677 So.2d 38 (1996)

Brian REUTHER, John Skinner, W. Dwight Hart, H.W. Schmahl, Jeffrey Harsh, John Baker, Michael Maycen, Mark Hoffman, and Alan Kalfus, Appellants, v. Hugh ANDERSON and Ruth Anderson, Individually, as Parents of Stacey Anderson, and as Personal Representatives of the Estate of Stacey Anderson, and City of Port St. Lucie, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied August 16, 1996.


Attorney(s) appearing for the Case

Rhea P. Grossman of Rhea P. Grossman, P.A., Miami, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A. and Michael P. Walsh of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for Appellees Hugh Anderson and Ruth Anderson.


Rehearing and Rehearing En Banc Denied August 16, 1996.

PER CURIAM.

We affirm the order of the trial court denying the motion for summary judgment based on a claim of qualified immunity in this civil rights claim emanating under federal law. We do not want this affirmance to be construed, however, as a holding that appellants are not entitled to qualified immunity as a matter of law. Rather, it is our view that there are material issues of fact as to the reasonableness...

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