Ramsey v. Brown , 418 F. App'x 238 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6896
DERRANCE L. RAMSEY,
Plaintiff - Appellee,
v.
DANNY BROWN, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Matthew J. Perry, Jr., Senior
District Judge. (3:07-cv-00745-MJP)
Submitted: October 6, 2010 Decided: March 21, 2011
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Andrew F. Lindemann, Robert D. Garfield, DAVIDSON & LINDEMANN,
P.A., Columbia, South Carolina, for Appellant.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Danny Brown, Jr., appeals the district court’s order
denying his motion for summary judgment on the grounds of
qualified immunity. Brown takes issue with the district court’s
findings and contends that he is entitled to qualified immunity
because there are no genuine issues of material fact. However,
the respective versions of the facts offered by the parties
below were so divergent that judgment as a matter of law is
precluded. And “a defendant, entitled to invoke a qualified
immunity defense, may not appeal a district court’s summary
judgment order insofar as that order determines whether or not
the pretrial record sets forth a ‘genuine’ issue of fact for
trial.” Culosi v. Bullock, 596 F.3d 195, 201 (4th Cir. 2010)
(quoting Johnson v. Jones, 515 U.S. 304, 319-20 (1995)).
Accordingly, we dismiss this interlocutory appeal for
lack of jurisdiction. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
2