The opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60134
Summary Calendar
JAMIE JONES,
Plaintiff-Appellee,
versus
RANKIN COUNTY SHERIFF’S DEPARTMENT, ET AL.,
Defendants,
KEN DICKERSON, BILL PHILLIPS,
Defendants-
Appellants.
--------------------------------------------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:99-CV-816-WS
---------------------------------------------------------
January 24, 2003
Before JONES, STEWART AND DENNIS, Circuit Judges.
PER CURIAM:*
Ken Dickerson and Bill Phillips appeal the district court’s denial of their motion for
summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action. On appeal,
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Dickerson and Phillips argue that they are entitled to qualified immunity because Jamie Jones did
not produce enough competent summary judgment evidence to: (1) establish that any issues of
material fact exist; (2) show that Phillips and Dickerson had sufficient personal involvement in the
events to justify liability under 42 U.S.C. § 1983; or (3) establish that he suffered any injury.
If Jones’ factual allegations are accepted as true, as required by Behrens v. Pelletier, 516
U.S. 299, 313 (1996), it is not apparent that Dickerson and Phillips are entitled to qualified
immunity as a matter of law. See Hope v. Pelzer, 122 S.Ct. 2508, 2512 (2002). Because facts
material to the question of qualified immunity are in dispute, this court lacks jurisdiction over the
Dickerson and Phillips’ appeal. See Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir. 1994).
Accordingly, the appeal is dismissed for lack of jurisdiction. In light of the disposition of this
case, all outstanding motions are denied.
APPEAL DISMISSED FOR LACK OF JURISDICTION; ALL OUTSTANDING
MOTIONS ARE DENIED.
-2-