United States Fifth Circuit

In a 42 U.S.C. section 1983 suit alleging violation of plaintiff's constitutional rights as a result of a search for weapons, ammunition and explosive devices, appeal of the denial of a motion for dismissal by the municipality and the chief of police is dismissed for lack of jurisdiction where municipalities and officers in their official capacity have no right to be free from suit, thus the denial of their motion did not constitute a collateral issue that was excepted from the final judgment rule. Denial of police officers' motion for summary judgment is reversed where the officers were entitled to qualified immunity.

Appellate Information

• Decided 09/13/2007
• Published 09/13/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Rickey G. Bunch (argued), Law Office of Rickey G. Bunch, Wichita Falls, TX, for Zarnow., Julia Maria Vasquez, Wichita Falls, TX, for City of Wichita Falls, TX., D. D'Lyn Davison (argued), Davison, Rugeley & Spurgers, Robert Kinley Hegglund, Wichita Falls, TX, for Coughlin, Kendall, Dilbeck and Keethler.