Lehman v. Leichliter

Fifth Circuit

Lehman v. Leichliter

172 F. App'x 557

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 22, 2006

Docket04-31241

StatusUnpublished

This text of 172 F. App'x 557 (Lehman v. Leichliter) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lehman v. Leichliter, 172 F. App'x 557 (5th Cir. 2006).

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Opinion

*558 PER CURIAM: *

Cheryl M. Leiehliter, the individual defendant in this 42 U.S.C. § 1983 action arising from the shooting of William Matthew Lehman, appeals the district court’s denial of her summary judgment motion asserting qualified immunity. Although this court “can review a district court’s conclusion that an issue of law is material,” we lack jurisdiction to review whether a factual dispute is “genuine.” Reyes v. City of Richmond, Tex., 287 F.3d 346, 351 (5th Cir.2002). Leichliter’s arguments on appeal challenge the genuineness of the factual disputes identified by the district court. Accordingly, we lack jurisdiction to consider these claims. The appeal is DISMISSED, and the case is REMANDED to the district court. Id.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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*558 PER CURIAM: *

Cheryl M. Leiehliter, the individual defendant in this 42 U.S.C. § 1983 action arising from the shooting of William Matthew Lehman, appeals the district court’s denial of her summary judgment motion asserting qualified immunity. Although this court “can review a district court’s conclusion that an issue of law is material,” we lack jurisdiction to review whether a factual dispute is “genuine.” Reyes v. City of Richmond, Tex., 287 F.3d 346, 351 (5th Cir.2002). Leichliter’s arguments on appeal challenge the genuineness of the factual disputes identified by the district court. Accordingly, we lack jurisdiction to consider these claims. The appeal is DISMISSED, and the case is REMANDED to the district court. Id.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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172 F. App'x 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-v-leichliter-ca5-2006.

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