[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT July 12, 2006 No. 06-11281 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 04-02274-CV-AR-M DONNIE ARRINGTON, Plaintiff-Appellee, versus CHARLES CLIFTON, Defendant-Appellant, CHASE JENKINS, individually and in his official capacity as an officer of the City of Rainbow City Police Department, et al., Defendants.

________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (July 12, 2006) Before BLACK, BARKETT and HILL, Circuit Judges.

PER CURIAM: One of the defendants, Charles Clifton, appeals the order of the district court denying him qualified immunity. The trial judge found that the facts are not, at this stage, undisputed.

We have reviewed the briefs, record and the order of the district judge. We agree that questions of fact, hotly disputed, prevent grant of qualified immunity.

AFFIRMED.