Gilmore v. City of Houston

Filing 920070604

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 4, 2007 Charles R. Fulbruge III Clerk No. 05-20719 Summary Calendar

EMILY DEMMLER, Plaintiff-Appellee, versus CITY OF HOUSTON, ET AL, Defendants, C.O. BRADFORD, Chief, Defendant-Appellant.

No. 05-20720 WILLIAM THOMAS GILMORE, Plaintiff-Appellee, versus CITY OF HOUSTON, ET AL, Defendants, CHIEF C.O. BRADFORD, Defendant-Appellant.

No. 05-20719 -2-

No. 05-20724

BRANDI RATLIFF; WILLIAM RYAN GRENWELGE, Plaintiffs-Appellees, versus CITY OF HOUSTON, ET AL, Defendants, C.O. BRADFORD, Defendant-Appellant.

No. 05-20725

EDGAR COELLO; MONICA COELLO ASHFORD; ELIZABETH ANN GURSKE; JESSICA COELLO GUILLEM; INDIVIDUALLY AND AS NEXT FRIEND OF ISABELLA GUILLEM, A MINOR, Plaintiffs-Appellees, versus CITY OF HOUSTON, ET AL, Defendants, CHIEF C.O. BRADFORD, in his capacity as chief of police of the Houston Police Department, Defendant-Appellant.

No. 05-20719 -3-

No. 05-20729

LESLIE RICHIE, Plaintiff-Appellee, versus CITY OF HOUSTON, ET AL, Defendants, C.O. BRADFORD, Chief, Defendant-Appellant.

No. 05-20743

SARAH SPONSEL, Plaintiff-Appellee, versus CITY OF HOUSTON, ET AL, Defendants, CHIEF C.O. BRADFORD, Defendant-Appellant.

No. 05-20719 -4-

No. 05-20744

ROLAND T. ROSS, INDIVIDUALLY AND AS NEXT FRIEND FOR RAMOND ROSS, AND ROSHANDA ROSS, MINOR CHILD, RAMOND ROSS, MINOR; ROSHANDA ROSS, Plaintiffs-Appellees, versus CITY OF HOUSTON, ET AL, Defendants, C.O. BRADFORD, Chief, in his capacity as chief of police of the Houston Police Department, Defendant-Appellant.

No. 05-20756

CHAD CORY; ADAM ADAMS; ELEAZAR AGUILAR; LUIS AGUILAR; FELIX ALIPIO, ET AL., Plaintiffs-Appellees, versus CITY OF HOUSTON, ET AL, Defendants, CHIEF OF POLICE C.O. BRADFORD, Defendant-Appellant.

No. 05-20719 -5-

No. 05-20752

CORI LOPEZ; MICHAEL GUERRA; RASHAAN HARRIS; DONNY ITTY; CHARLES KELL, ET AL., Plaintiffs-Appellees, versus CITY OF HOUSTON, ET AL, Defendants, C.O. BRADFORD, Chief, in his capacity as chief of police of the Houston Police Department, Defendant-Appellant.

-------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CV-1543 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appellant C.O. Bradford, former Chief of the Houston Police Department, has filed interlocutory appeals of the orders denying summary judgment on his qualified immunity defense in a number of cases filed against him stemming from a sting operation targeting illegal street racing. A district court's decision to deny

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. 05-20719 -6qualified immunity on a motion for summary judgment is only

immediately appealable if it turns on an issue of law, and is not appealable if it is based on a claim regarding the sufficiency of the evidence. Gobert v. Caldwell, 463 F.3d 339, 344 (5th Cir. 2006). Bradford disputes only the factual determinations of the district court and whether the evidence was sufficient to proceed. We therefore lack jurisdiction to hear this interlocutory appeal, id., and DISMISS THE APPEAL for lack of jurisdiction.