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WALD v. CITY OF MARGATE

No. 4D99-1798.

756 So.2d 168 (2000)

Morton L. WALD, Appellant, v. CITY OF MARGATE, a Florida municipal corporation, Lee Edstrand, individually and as a police officer of the City of Margate, Ron Cochran, as the Sheriff of Broward County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

March 29, 2000.

Attorney(s) appearing for the Case

J. David Huskey, Jr. and C. Edward McGee, Jr. of McGee, Gainey & Huskey, P.A., Fort Lauderdale, for appellant.

Jonathan M. Matzner and Robert H. Schwartz of Adorno & Zeder, P.A., Fort Lauderdale, for appellees.

KLEIN, J.

The issue presented by this appeal is whether an appellee, Officer Edstrand of the City of Margate, has qualified immunity as a matter of law in this civil rights action brought under 42 U.S.C. § 1983. The facts underlying the claim are his wrongful arrest of appellant for DUI. We reverse the summary judgment in his favor because there are issues of fact.

In October 1995 the Broward County Sheriff's Office organized a DUI checkpoint with the...

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