Demmler v. City of Houston

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 4, 2007

Charles R. Fulbruge III Clerk No. 05-20719 Summary Calendar

EMILY DEMMLER,

Plaintiff-Appellee,

versus

CITY OF HOUSTON, ET AL,

Defendants,

C.O. BRADFORD, Chief,

Defendant-Appellant.

No. 05-20720

WILLIAM THOMAS GILMORE,

CHIEF C.O. BRADFORD,

Defendant-Appellant. No. 05-20719 -2-

No. 05-20724

BRANDI RATLIFF; WILLIAM RYAN GRENWELGE,

Plaintiffs-Appellees,

C.O. BRADFORD,

No. 05-20725

EDGAR COELLO; MONICA COELLO ASHFORD; ELIZABETH ANN GURSKE; JESSICA COELLO GUILLEM; INDIVIDUALLY AND AS NEXT FRIEND OF ISABELLA GUILLEM, A MINOR,

CHIEF C.O. BRADFORD, in his capacity as chief of police of the Houston Police Department,

Defendant-Appellant. No. 05-20719 -3-

No. 05-20729

LESLIE RICHIE,

No. 05-20743

SARAH SPONSEL,

Defendant-Appellant. No. 05-20719 -4-

No. 05-20744

ROLAND T. ROSS, INDIVIDUALLY AND AS NEXT FRIEND FOR RAMOND ROSS, AND ROSHANDA ROSS, MINOR CHILD, RAMOND ROSS, MINOR; ROSHANDA ROSS,

C.O. BRADFORD, Chief, in his capacity as chief of police of the Houston Police Department,

No. 05-20756

CHAD CORY; ADAM ADAMS; ELEAZAR AGUILAR; LUIS AGUILAR; FELIX ALIPIO, ET AL.,

CHIEF OF POLICE C.O. BRADFORD,

Defendant-Appellant. No. 05-20719 -5-

No. 05-20752

CORI LOPEZ; MICHAEL GUERRA; RASHAAN HARRIS; DONNY ITTY; CHARLES KELL, ET AL.,

C.O. BRADFORD, Chief, in his capacity as chief of police of the Houston Police Department,

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CV-1543 --------------------

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Appellant C.O. Bradford, former Chief of the Houston Police

Department, has filed interlocutory appeals of the orders denying

summary judgment on his qualified immunity defense in a number of

cases filed against him stemming from a sting operation targeting

illegal street racing. A district court’s decision to deny

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-20719 -6-

qualified immunity on a motion for summary judgment is only

immediately appealable if it turns on an issue of law, and is not

appealable if it is based on a claim regarding the sufficiency of

the evidence. Gobert v. Caldwell, 463 F.3d 339, 344 (5th Cir.

2006). Bradford disputes only the factual determinations of the

district court and whether the evidence was sufficient to proceed.

We therefore lack jurisdiction to hear this interlocutory appeal,

id., and DISMISS THE APPEAL for lack of jurisdiction.