Engra Bellamy v. Alyssa Wells

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cv-00035-sgw Copies to all parties and the district court/agency. [998629383]. [09-1702]

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Date Filed: 07/12/2011

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-1702

ENGRA M. BELLAMY,
Plaintiff – Appellee,
v.
ALYSSA CAMPBELL WELLS; BRENT UZDANOVICS,
Defendants – Appellants,
and
DOUG DAVIS, Waynesboro Police Department; WAYNESBORO POLICE
DEPARTMENT,
Defendants.

Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Samuel G. Wilson,
District Judge. (5:07-cv-00035-sgw)

Submitted:

March 29, 2010

Decided:

July 12, 2011

Before WILKINSON, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard H. Milnor, ZUNKA, MILNOR, CARTER & INIGO, LTD.,
Charlottesville, Virginia, for Appellants.
Dean E. Lhospital,
SNEATHERN & LHOSPITAL, LLP, Charlottesville, Virginia, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Defendants
their

motion

for

challenge

summary

the

district

judgment

in

court’s

denial

Plaintiff’s

42

of

U.S.C.

§ 1983 (2006) action, in which they asserted the affirmative
defense

of

qualified

immunity.

Mitchell

v.

appealable,

Such

orders

472

Forsyth,

U.S.

are

511,

immediately
530

(1985),

provided the denial rests on a purely legal determination that
the

facts,

as

viewed

by

the

district

court

at

the

summary

judgment stage, establish a violation of a clearly established
right, Johnson v. Jones, 515 U.S. 304, 319-20 (1995).
example,

the

insufficiency

appealing
of

the

official

evidence

to

“seeks
raise

a

to

If, for

argue

genuine

issue

the
of

material fact, this Court does not possess jurisdiction under
[28

U.S.C.]

§

1291

[(2006)]

to

consider

the

claim.”

Valladares v. Cordero, 552 F.3d 384, 388 (4th Cir. 2009).
We conclude that the district court did not err when
it denied Defendants qualified immunity.
district

court’s

order

denying

We thus affirm the

Defendants’

summary

judgment

motion, as well as its order finding no basis to alter its
previous ruling upon sua sponte reconsideration. *

*

Bellamy v.

Although Defendants ask this court to determine what
remedies are available to Plaintiff based on the conduct about
which he complains, this issue is not “inextricably intertwined”
with the qualified immunity question that is properly before us
on interlocutory appeal.
See Swint v. Chambers Cnty. Comm’n,
(Continued)
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Wells,

No. 5:07-cv-00035-sgw (W.D. Va. May 15, 2009; June 10,

2009).

We dispense with oral argument because the facts and

legal

contentions

are

adequately

presented

in

the

materials

before us and argument would not aid the decisional process.

AFFIRMED

514 U.S. 35, 51 (1995); Rux v. Republic of Sudan, 461 F.3d 461,
475 (4th Cir. 2006). Accordingly, we express no opinion on this
issue.

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