Wald v. City of Margate

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 Sheriffs Office organized a DUI checkpoint with the participation of Margate. After requiring appellant to perform a roadside sobriety test, Officer Edstrand arrested him for DUI. Appellant was then taken to…