Allen v. Leal ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20661
Summary Calendar
NOEL C. ALLEN, Individually and
on behalf of the Estate of Travis
O’Neill Allen; REBECCA O’NEILL ALLEN,
Plaintiffs-Appellees,
versus
MICHAEL LEAL ET AL.,
Defendants,
MICHAEL LEAL; CARLE UPSHAW,
Defendants-Appellants.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-97-CV-0030
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April 21, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Defendants Leal and Upshaw appeal from the district court’s
denial of their motion for summary judgment based upon qualified
immunity. They argue that the district court erred by denying
their summary-judgment motion and that this court has
jurisdiction over the interlocutory appeal. Because there is a
*
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that this opinion should not be published and is not precedent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.
significant fact-related dispute, however, this court does not
have jurisdiction to review the denial of the motion for summary
judgment. See Johnson v. Jones, 515 U.S. 304, 313 (1995).
APPEAL DISMISSED.
2