The opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-10281
Summary Calendar
WILLIAM L. EASTWOOD,
Plaintiff-Appellee,
versus
JERRY D. COOK; JEFF GORE,
Defendants-Appellants,
and
TOMMY BUFFINGTON; JACK SCHULTZ;
HUNT COUNTY TEXAS; CITY OF WEST TAWAKONI,
Defendants.
Appeal from the United States District Court for the
Northern District of Texas
May 6, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Cook and Gore have appealed the district court’s order denying
their motion for summary judgment based on a qualified immunity
claim. Such a collateral order is not immediately appealable to
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
the extent it determines only whether the record in the case raises
a genuine issue of fact. Johnson v. Jones, 115 S.Ct. 2151, 2156,
2159 (1995). Here the trial court, after careful analysis,
determined that “there are so many disputed facts . . . that the
court is unable to make a determination of the objective
reasonableness of” appellants’ conduct. The facts admitted or
alleged by appellee or which the trial court determined to be not
genuinely disputed do not, of themselves, establish that appellants
are entitled to qualified immunity. It is not shown (and
appellants’ points on appeal do not assert) that the trial court
employed an erroneous substantive or procedural legal standard in
its ruling. Hence, this Court is without jurisdiction over this
appeal. Id. See also Hare v. City of Corinth, 74 F.3d 633, 638
(5th Cir. 1996) (en banc). Eastwood’s motion for sanctions is not
well taken.
APPEAL DISMISSED; MOTION FOR SANCTIONS DENIED
2