Newman v. Guedry, et al, No. 11-41192 (5th Cir. 2012)Annotate this Case
Defendants appealed the denial of their motion for summary judgment based on qualified immunity from plaintiff's 42 U.S.C. 1983 excessive-force and state-law claims. The district court denied summary judgment, concluding that there were issues of material fact as to whether the force used by the officers was clearly excessive and objectively unreasonable. Under the applicable law, the court had no jurisdiction to review a district court's determination that there were genuine disputes of fact where the court had decided, as a matter of law, that those factual issues were material. Therefore, the court affirmed the judgment of the district court and dismissed the appeal.