Gandy v. Robey

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 21, 2011
• Docket: 10-1903
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1903

TERRY A. GANDY, Individually and as Administrator of the Estate of David Charles Gandy, deceased,

Plaintiff - Appellee,

v.

NEAL PATRICK ROBEY, c/o Stafford County Sheriff’s Office,

Defendant – Appellant,

and

COMMONWEALTH OF VIRGINIA; CHARLES E. JETT, c/o Stafford County Sheriff’s Office; JOHN DOES 1-25; JANE DOES 1-25; JOSEPH D. PITTMAN; DAVID M. ROHRER,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:10-cv-00065-LMB-TCB)

Submitted: February 24, 2011 Decided: March 21, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion. Jeff W. Rosen, Lisa Ehrich, PENDER & COWARD, PC, Virginia Beach, Virginia, for Appellant. Peter C. Grenier, Andre M. Gregorian, BODE & GRENIER, LLP, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Neal Patrick Robey appeals a district court order denying

his motion for summary judgment on the basis of qualified

immunity, arguing that even under the version of the facts

assumed by the district court, the law was not clearly

established at the time of the acts underlying this suit that

Robey’s use of lethal force was unconstitutional. Because the

district court considered only whether a factual dispute made

summary judgment inappropriate, there is no legal issue that

would support appellate jurisdiction. See Iko v. Shreve, 535

F.3d 225, 237 (4th Cir. 2008). We therefore dismiss Robey’s

appeal.

DISMISSED