District Court of Appeal of Florida March 29, 2000, No. 4D99-1798 (Wald v. City of Margate)

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.