Castille v. City of League City ( 2022 )

Case: 21-40202 Document: 00516170314 Page: 1 Date Filed: 01/18/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
January 18, 2022
No. 21-40202
Lyle W. Cayce
Clerk
Sherri D. Castille,
Plaintiff—Appellant,
versus
City of League City, Texas; League City Police
Department; Anthony Tyler, Police Officer,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:20-cv-88
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
Plaintiff-Appellant Sherri D. Castille challenges the district court’s
dismissal of the Monell claims she brought against the City of League City,
Texas (“League City”).
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-40202 Document: 00516170314 Page: 2 Date Filed: 01/18/2022
No. 21-40202
“We must examine the basis of our jurisdiction,” and will do so on
our motion if necessary. Romero v. Davis, 813 F. App’x 930, 932 (5th Cir.
2020) (unpublished); see Hill v. City of Seven Points, 230 F.3d 167, 169 (5th
Cir. 2000). We have jurisdiction over appeals from final decisions of the
district courts. 28 U.S.C. § 1291. When an action involves multiple parties or
claims, an order dismissing some of the claims is final for appellate purposes
only if the district court (1) has made an express determination that there is
no just reason for delay and an express direction for the entry of judgment,
see Fed. R. Civ. P. 54(b), or (2) certifies the case for immediate appeal
pursuant to 28 U.S.C. § 1292(b).
The district court dismissed Castille’s Monell claims against League
City. But Castille’s claims against Anthony Tyler—whose alleged actions
gave rise to this case—remain alive. And the district court has not certified
the case as required by either Rule 54(b) or § 1292(b). We thus lack
jurisdiction. See Borne v. A&P Boat Rentals No. 4, Inc., 755 F.2d 1131, 1133
(5th Cir. 1985). We therefore DISMISS the appeal.
2