Lehman v. Leichliter

¶1 Cheryl M. Leiehliter, the individual defendant in this 42 U.S.C. § 1983 action arising from the shooting of William Matthew Lehman, appeals the district court’s denial of her summary judgment motion asserting qualified immunity. Although this court “can review a district court’s conclusion that an issue of law is material,” we lack jurisdiction to review whether a factual dispute is “genuine.” Reyes v. City of Richmond, Tex., 287 F.3d 346, 351 (5th Cir.2002). Leichliter’s arguments on appeal challenge the genuineness of the factual disputes identified by the district court. Accordingly, we lack jurisdiction to consider these claims. The appeal is DISMISSED, and the case is REMANDED to the district court. Id.