Karen Echols v. Ryan Gardiner , 593 F. App'x 404 ( 2015 )

Case: 13-20756 Document: 00512936312 Page: 1 Date Filed: 02/12/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-20756 FILED February 12, 2015 Lyle W. Cayce KAREN ECHOLS, Individually and as Representative Clerk of the Estate of John T. Barnes; JOHN A. BARNES; APRIL GAY PHILLIPS, as next friend CDB and JTB, Plaintiffs - Appellees Cross-Appellants v. RYAN GARDINER, in His Official Capacity, Defendant - Appellant CITY OF HOUSTON; HAYDEN PROPERTIES, L.L.C.; JS PROPERTY MANAGEMENT, INCORPORATED; WOODLAND HILLS VILLAGE APARTMENT HOMES, Defendants - Cross-Appellees Appeals from the United States District Court for the Southern District of Texas USDC No. 4:11-CV-882 Before REAVLEY, JONES, and ELROD, Circuit Judges. PER CURIAM:* The court has carefully reviewed these appeals in light of the briefs, oral argument, the district court’s conscientious opinion, and pertinent portions of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 13-20756 Document: 00512936312 Page: 2 Date Filed: 02/12/2015 No. 13-20756 the record. Having done so, we conclude that genuine, material disputed fact issues deprive us of appellate jurisdiction over the interlocutory qualified immunity appeal of Officer Gardiner. Further, we find no reversible error of fact or law in the court’s opinion relating to the liability of the City of Houston and the apartment complex appellees, and therefore affirm the summary judgment in their favor for essentially the reasons stated by the trial court. The appeal of Ryan Gardiner is DISMISSED; Judgment in favor of the City of Houston, Hayden Properties, L.L.C., JS Property Management, Inc. and Woodland Hills Village Apartment Homes is AFFIRMED. 2