Frazier v. City of Bossier, et al

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-30731
_____________________
DAVID FRAZIER, etc.; ET AL.,
Plaintiffs,
LAKENDRA WILLIAMS, as natural tutrix,
on behalf of Carisma Williams,
Plaintiff - Appellee,
versus
CITY OF BOSSIER; ET AL.,
Defendants,
CITY OF BOSSIER; LANCE KIRK ZANER,
individually and as an employee of
the City of Bossier,
Defendants - Appellants.
__________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:02-CV-698-SMH-RSP
_________________________________________________________________
Before JOLLY, SMITH and DeMOSS, Circuit Judges.
PER CURIAM:*
We have reviewed the record, carefully read the briefs, and
have heard excellent arguments from both parties. While the
qualified immunity issue in this case is very close, we have
determined that the district court did not err in concluding that

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there are material issues of disputed fact that are best decided in
the course of a trial. We therefore lack jurisdiction over this
interlocutory appeal. See Roberts v. City of Shreveport, 397 F.3d
287, 290 (5th Cir. 2005). We also lack jurisdiction over the
interlocutory appeal of the City of Bossier. See id. at 291.
Accordingly this appeal is DISMISSED.

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