[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JAN 12, 2009 No. 08-11794 THOMAS K. KAHN ________________________ CLERK

D.C. Docket No. 04-00729-CV-W-N GEORGE WALTER PRESLEY,

Plaintiff-Appellee, versus GEORGE EDWARDS, Captain, Defendant-Appellant, WILLIE THOMAS, etc., et al., Defendants.

________________________ Appeal from the United States District Court for the Middle District of Alabama _________________________ (January 12, 2009) Before BIRCH and BARKETT, Circuit Judges, and KORMAN,* District Judge.

PER CURIAM: George Edwards, captain of security at Staton Correctional Facility, appeals the district court’s denial of his summary judgment motion based on its denial of qualified immunity. We agree with the district court that genuine disputes of material fact exist at this juncture regarding Captain Edward’s entitlement to qualified immunity and, accordingly, affirm the district court’s ruling.

AFFIRMED.

* Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation.