White v. City of Florence , 84 F. App'x 23 ( 2003 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 11 2003
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
ROY WHITE,
Plaintiff-Appellee,
v. No. 02-1408
(D.C. No. 01-WY-1779-AJ (MJW))
CITY OF FLORENCE; FLORENCE (D. Colo.)
POLICE DEPARTMENT; EUGENE
ROEDER, Mayor of the City of
Florence, in his individual and official
capacity; MIKE INGLE, Chief of
Florence Police Department, in his
individual and official capacity,
Defendants,
and
CHUCK PRATT, Sergeant, in his
individual and official capacity,
Defendant-Appellant.
ORDER AND JUDGMENT *
Before McCONNELL , ANDERSON , and BALDOCK , Circuit Judges.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
In this interlocutory appeal, Defendant-Appellant Chuck Pratt challenges
the district court’s decision denying him summary judgment on his qualified
immunity defense. “[A]n order denying qualified immunity, to the extent it turns
on an issue of law, is immediately appealable.” Behrens v. Pelletier , 516 U.S.
299, 311 (1996) (citation, quotation omitted). In this case, however, the district
court clearly denied Pratt qualified immunity because there remained disputed
material factual issues that precluded summary judgment. It is well established
that such an order is not immediately appealable. See Johnson v. Jones , 515 U.S.
304, 313, 319-20 (1995); see also Behrens , 516 U.S. at 313. We, therefore, do
not have jurisdiction to consider this interlocutory appeal and so DISMISS it.
Entered for the Court
Bobby R. Baldock
Circuit Judge
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