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WEISE v. CASPER

Nos. 06-1504, 06-1516.

507 F.3d 1260 (2007)

Leslie WEISE; Alex Young, Plaintiffs-Appellees, v. Michael CASPER, in his individual capacity, Defendant-Appellant, and Jay Bob Klinkerman, in his individual capacity; John/Jane Does 1-5, all in their individual capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

November 20, 2007.

Attorney(s) appearing for the Case

Sean R. Gallagher (and Dugan Bliss, Hogan & Hartson, L.L.P. (for Defendant-Appellant Michael Casper) and Brett R. Lilly and John S. Zakhem, Doyle, Zakhem, Suhre & Lilly, L.L.C., (for Defendant-Appellant Jay Bob Klinkerman), with him on the briefs), Denver, CO.

Christopher A. Hansen (and Catherine Crump, American Civil Liberties Union, New York, NY, Martha M. Tierney and Jerremy M. Ramp, Kelly, Haglund, Garnsey, Kahn, L.L.C., Denver, CO, and Mark Silverstein, American Civil Liberties Union of Colorado, Denver, CO, on the brief), for Plaintiffs-Appellees.

Before KELLY, ANDERSON, and McCONNELL, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendants-Appellants Michael Casper and Jay Bob Klinkerman (collectively "Defendants") appeal the district court's denial, without prejudice, of their Fed.R.Civ.P. 12(b)(6) motions to dismiss based on qualified immunity. As the district court ruled only that the evidentiary record was insufficient to rule on the merits of Defendants' motions, we grant Plaintiffs-Appellees' motion to dismiss this appeal for lack of appellate jurisdiction...

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