Jackson v. Mitchell ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40305
Summary Calendar
CHARLES MELVIN JACKSON, JR.,
Plaintiff-Appellee,
versus
JOSEPH MITCHELL, Etc.; ET AL., Defendants,
JOSEPH MITCHELL, Dentist,
Coffield Unit,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:01-CV-159
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December 10, 2002
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Dr. Joseph Mitchell appeals the district court’s denial of
summary judgment based on qualified immunity. An order denying
qualified immunity is immediately appealable if based on
conclusions of law rather than the presence of a genuine issue of
material fact. See Palmer v. Johnson, 193 F.3d 346, 350 (5th
Cir. 1999). However, “if the district court concludes that the
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 CIR.
R. 47.5.4.
No. 02-40305
-2-
summary judgment record raises a genuine issue of material fact
with respect to whether the defense of qualified immunity is
applicable, then that decision is not immediately appealable.”
Id. at 351.
We conclude, as did the magistrate judge, that there are
genuine issues of material fact as to the existence of a serious
dental need that preclude the grant of summary judgment on the
basis of qualified immunity. Consequently, this court does not
have jurisdiction over Dr. Mitchell’s interlocutory appeal. See
Palmer, 193 F.3d at 351.
We decline to exercise our pendent appellate jurisdiction
over the magistrate judge’s denial of Dr. Mitchell’s statute-of-
limitations defense because it is not “inextricably intertwined”
with the denial of qualified immunity. See Thornton v. General
Motors Corp., 136 F.3d 450, 454 (5th Cir. 1998).
APPEAL DISMISSED.