United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
For the Fifth Circuit February 11, 2005
Charles R. Fulbruge III
Clerk
No. 04-40664
SHANIKWA JOHNSON
Plaintiff - Appellee
VERSUS
MARK WATERS, Etc; ET AL
Defendants
MARK WATERS, Deputy Constable
Defendant - Appellant
Appeal from the United States District Court
For the Eastern District of Texas
6:03-CV-318
Before JOLLY and DAVIS, Circuit Judges, and ENGELHARDT*, District
Judge.
PER CURIAM:**
In this appeal from denial of qualified immunity, we agree
with the district court that questions of fact are presented as to
whether the defendant Constable Waters used excessive force in
*
District Judge of the Eastern District of Louisiana, sitting by
designation.
**
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opinion should not be published and is not precedent except under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.
seizing the plaintiff. Because genuine issues of material fact are
presented we have no jurisdiction to consider this appeal.
Appeal dismissed.
2