Clark v. Broussard ( 1995 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40521
(Summary Calendar)
__________________
DONALD CLARK, a/k/a Donald Clark,
Plaintiff - Counter Defendant - Appellee,
versus
DONALD BROUSSARD, Police Officer,
Yoakum Police Department;
City of Yoakum,
Defendants - Counter Claimants - Appellants,
and
YOAKUM POLICE DEPT;
DAVID BYARS, Jailer, Lavaca County Jail;
LAVACA COUNTY JAIL; D. DOWNING, M.D.,
Defendants.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
(USDC No. V-92-CV-60)
- - - - - - - - - -
December 6, 1995
Before WIENER, PARKER and DENNIS, Circuit Judges.
PER CURIAM:*
This appeal is taken from the denial of motions for summary
judgment based on Broussard's qualified immunity against Clark's 42
U.S.C. § 1983 action. In that action, Clark asserted that
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
Broussard used excessive force against him during an escape
attempt. As there are disputed material fact issues presentSQ
here, regarding whether any force used was excessive to the
needSQwe have no jurisdiction to hear the interlocutory appeal of
the district court's denial of summary judgment on the basis of
immunity. See, Johnson v. Jones, 115 S.Ct. 2151 (1995); Feagley v.
Waddill, 868 F.2d 1437, 1439 (5th Cir. 1989) (citations omitted).
The appeal of the district court's denial of the motions for
summary judgment is DISMISSED. Accordingly, Clark's motion for
production of documents is
DENIED.
2