Cowart v. San Angelo, TX

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-11095 (Summary Calendar) __________________

JACKIE COWART,

Plaintiff-Appellee,

versus

SAN ANGELO, TEXAS, CITY OF, A Texas Incorporated Municipality, ET AL.,

Defendants,

DICK FUNK, Mayor of the City of San Angelo, In his representative capacity only, ET AL.,

Defendants-Appellants.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas (USDC No. 6:94-CV-068-C) - - - - - - - - - - May 16, 1996

Before GARWOOD, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

The defendants never presented a legally relevant claim of

qualified immunity to the district court or offered summary-

judgment evidence responsive to the plaintiff's factual allegations

supporting his claims of individual liability. This court lacks

appellate jurisdiction. Mitchell v. Forsyth, 472 U.S. 511, 531

(1985); 28 U.S.C. § 1291.

APPEAL DISMISSED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.