Batiste v. Colonial Sugars Inc ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-31168
Summary Calendar
_____________________
DALE BATISTE; REGINALD DAVIS;
HERMAN WASHINGTON, JR.,
Plaintiffs-Appellees,
versus
COLONIAL SUGARS, INC. (of Delaware) ET AL.,
Defendants,
and
WILLIE MARTIN and JOSEPH S. NASSAR,
Defendants-Appellants.
_________________________________________________________________
Appeal from the United States District Court for the
Eastern District of Louisiana
USDC No. 92-CV-3513-L
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October 25, 1996
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Sheriff Willie Martin and former Sheriff Joseph Nassar appeal
from the denial of their motion for summary judgment. They contend
*
Pursuant to Local 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
that we have jurisdiction over their appeal and contend that the
district court erred by denying their motion.
Sheriff Martin was sued in his official capacity only. We
lack jurisdiction over his appeal from the denial of summary
judgment. Aldy v. Valmet Paper Machinery, 74 F.3d 72, 75 (5th Cir.
1996); see Burns-Toole v. Byrne, 11 F.3d 1270, 1273 (5th Cir.),
cert. denied, 114 S. Ct. 2680 (1994).
Regarding Nassar, the district court rejected his qualified
immunity contention because it found genuine issues of material
fact regarding Nassar’s oversight of the investigation that
resulted in the plaintiffs’ arrests and the training of Nassar’s
subordinates. We lack jurisdiction to review the denial of summary
judgment. Johnson v. Jones, 115 S. Ct. 2151, 2159 (1995).
APPEAL DISMISSED.
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