NEWMAN v. GUEDRY

No. 11-41192.

703 F.3d 757 (2012)

Derrick NEWMAN, Plaintiff-Appellee, v. James Cody GUEDRY; David Todd Burke, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 21, 2012.


Attorney(s) appearing for the Case

Langston Scott Adams (argued), Port Arthur, TX, for Plaintiff-Appellee.

Craig J. Schexnaider (argued), Bruce Wayne Cobb (argued), William Henry Conley, I (argued), Conley & Schexnaider, Beaumont, TX, for Defendants-Appellants.

Before KING, SMITH and BARKSDALE, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

James Guedry and David Burke appeal the denial of their motion for sum-mary judgment based on qualified and official immunity from Derrick Newman's 42 U.S.C. § 1983 excessive-force and state-law claims. We dismiss the appeal for want of jurisdiction on account of our finding material those facts the district court determined to be in genuine dispute.

I.

Late one night in August 2007, Officer Jason Torres pulled...

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