Converse v. Kimball, No. 22-40395 (5th Cir. 2023)
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Case: 22-40395 Document: 00516923171 Page: 1 Date Filed: 10/06/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED ____________ October 6, 2023 No. 22-40395 ____________ Lyle W. Cayce Clerk Ronald Lee Converse, Individually and as next friend of Chad Ernest Lee Silvis, Deceased, Plaintiff—Appellee/Cross-Appellant, versus Officer Ruben Kimball; Anna Marie Whelan; Marcus Way, Defendants—Appellants, James Melton Defendant—Cross-Appellee, _______________________________ Sara Monroe, as Next Friend of B.S., a Minor, Plaintiff—Appellee/Cross-Appellant, versus Officer Ruben Kimball; Officer Marcus Way; Anna Marie Whelan, Dispatcher, Defendants—Appellants, Case: 22-40395 Document: 00516923171 Page: 2 Date Filed: 10/06/2023 Officer James Melton Defendant—Cross-Appellee. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC Nos. 3:15-CV-105, 3:16-CV-94 ______________________________ Before Dennis, Engelhardt, and Oldham, Circuit Judges. Per Curiam:* Chad Silvis tragically committed suicide while detained in the municipal jail in Kemah, Texas. His survivors sued various police officers for unconstitutionally failing to prevent the suicide. Four officers moved for summary judgment on the basis of qualified immunity. The district court denied summary judgment to three officers and granted it to one. All four officers are before us on either appeal or cross-appeal. As for the three officers who appealed the denial of qualified immunity (Marcus Way, Anna Marie Whelan, and Reuben Kimball), we affirm for substantially the same reasons given by the district court in its well-reasoned opinion. As for the plaintiffs’ cross-appeal of the grant of qualified immunity for James Melton, we dismiss. The pendent appellate jurisdiction that attaches to the court-created collateral-order doctrine is “carefully circumscribed.” Escobar v. Montee, 895 F.3d 387, 391–92 (5th Cir. 2018). And plaintiff’s cross-appeal does not meet it. See id. at 392. The district court’s grant of qualified immunity to Melton is reviewable only after final judgment. See Elizondo v. Green, 671 F.3d 506, 509–10 (5th Cir. 2012). _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. 2 Case: 22-40395 Document: 00516923171 Page: 3 Date Filed: 10/06/2023 No. 22-40395 We therefore AFFIRM in part and DISMISS in part. 3
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