Lana Puckett v. Clarksville Indep School Dist, No. 13-40397 (5th Cir. 2014)

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The court issued a subsequent related opinion or order on January 20, 2014.

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Case: 13-40397 Document: 00512500997 Page: 1 Date Filed: 01/15/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-40397 FILED January 15, 2014 Lyle W. Cayce Clerk LANA PUCKETT, Plaintiff-Appellee v. TONYA NELSON, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:11-CV-160 Before JONES, WIENER, and GRAVES, Circuit Judges. PER CURIAM:* Principal Tonya Nelson appeals the district court s denial of a motion for summary judgment on the basis of qualified immunity in a case involving multiple claims related to the molestation of a minor child by a teacher in the Clarksville Independent School District. Based upon the record and briefs before us, there clearly exists a genuine dispute of material fact as to whether there is a causal link between Nelson s conduct and the constitutional violation and whether Nelson s conduct amounted to deliberate indifference. See Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-40397 Document: 00512500997 Page: 2 Date Filed: 01/15/2014 No. 13-40397 Ontiveros v. City of Rosenberg, Tex., 564 F.3d 379 (5th Cir. 2009); see also Fed. R. Civ. P. 56(a). Because an appeal of an interlocutory ruling denying qualified immunity on the existence of factual disputes does not present an exception to our lack of jurisdiction to hear appeals of interlocutory rulings, we do not have jurisdiction to hear Nelson s appeal of the district court s denial of qualified immunity at this non-final stage of the proceedings. Therefore, we dismiss the appeal for lack of appellate jurisdiction. DISMISSED. 2

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