The opinion
United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 9, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50327
Summary Calendar
DUANE HERMAN CARTER,
Plaintiff-Appellee,
versus
BURNET COUNTY JAIL; ET AL.,
Defendants,
JACKIE FLOWERS; JUDITH BENNETT; PEGGY EDWARDS, Jailer,
Defendants-Appellants.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CV-355-SS
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Jackie Flowers, Judith Bennett, and Peggy Edwards appeal
their denial of qualified immunity in this 42 U.S.C. § 1983
action. They argue that the summary judgment record is devoid of
evidence to support the factual findings and inferences of the
*
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that this opinion should not be published and is not precedent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.
No. 03-50327
-2-
district court that led to its determination that their conduct
was objectively unreasonable.
The denial of a motion for summary judgment based on
qualified immunity is immediately appealable only when based
on an issue of law. Rodriguez v. Neeley, 169 F.3d 220, 222
(5th Cir. 1999). If we were to entertain the merits of the
appellate argument raised herein, it would necessitate a review
of the propriety of the district court’s assessment of the
summary judgment evidence, as opposed to taking, as given, the
facts it assumed and determining as a matter of law whether the
defendants’ conduct was objectively unreasonable. See Nerren v.
Livingston Police Dep't, 86 F.3d 469, 472 (5th Cir. 1996). We
are, however, without jurisdiction to review a district court’s
assessment of what facts are established by or inferable from the
summary judgment record. See Palmer v. Johnson, 193 F.3d 346,
351 (5th Cir. 1999). We, therefore, dismiss this appeal.
APPEAL DISMISSED.