|MICHAEL DON FITZGERALD,|
|Plaintiff - Appellee,|
|CAMIEL EARLENE DELLINGER, Officer, individually and in her official capacity as a Mustang Police Officer,|
| Defendant - Appellant,
CITY OF MUSTANG, a municipal corporation,
Orders denying qualified immunity before trial are appealable only to the extent that they resolve abstract issues of law and do not extend to issues of evidentiary sufficiency. See Behrens v. Pelletier, 516 U.S. 299, 313 (1996); Johnson v. Jones, 515 U.S. 304, 312-14 (1995); Armijo v. Wagon Mound Public Schools, 159 F.3d 1253, 1258 (10th Cir. 1998); Foote v. Spiegel, 118 F.3d 1416, 1422 (10th Cir. 1997). While this court is not deprived of jurisdiction solely because the district court determined that there are genuine issues of material fact, this court lacks jurisdiction "if our review would require second-guessing [of] the district court's determination of evidence sufficiency." Medina v. Cram, 252 F.3d 1124, 1130 (10th Cir. 2001). Appellant Officer challenges only the district court's determination that Appellee Fitzgerald produced sufficient evidence pertaining to the circumstances surrounding her use of force to send the case to trial. Accordingly, this court lacks jurisdiction to review the district court's denial of Appellant Officer's motion for summary judgment on the grounds of qualified immunity.
We DISMISS for lack of jurisdiction.(1)
Entered for the Court
Monroe G. McKay
*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
1.Appellee's motion to substitute brief is granted.