Batiste v. Colonial Sugars Inc

Opinion

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.

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Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 92-CV-3513-L _________________________________________________________________

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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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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