United States Fifth Circuit

In a 42 U.S.C. section 1983 racial discrimination and employment retaliation suit brought by plaintiff whose job as a systems analyst with the Texas Lottery Commission was terminated by defendant, an appeal from denial of summary judgment for defendant claiming qualified immunity is dismissed as the circuit court lacked jurisdiction to hear the appeal of the interlocutory ruling as it was grounded in genuine issues of fact.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

• WIENER, Circuit Judge:*, Before WIENER, BENAVIDES, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Robert Wayne Schmidt, Crews Law Firm, Austin, TX, for Plaintiff-Appellee., R. Ted Cruz, Austin, TX, William T. Deane, Asst. Atty. Gen., Gen. Litigation Div., Austin, TX, for Defendant-Appellant.