IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10426 Summary Calendar

STEVEN DALE FINCH,

Plaintiff-Appellant, versus

CLIFF WILLIAMS, Grand Prairie Police Officer,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas (4:99-CV-803-Y) -------------------- January 21, 2002 Before HIGGINBOTHAM, WIENER, AND BARKSDALE, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Steven Dale Finch, now Texas prisoner

#1004856, appeals the summary-judgment dismissal of his

complaint in which he alleged that he was subjected to

excessive force during an arrest on a parole violation. As the

record contains several disputed material facts about what occurred

during Finch’s arrest, the summary judgment in favor of the

defendant is VACATED, and the case is REMANDED for further

proceedings. See Little v. Liquid Air Corp.,

(5th Cir. 1994) (en banc)

VACATED AND REMANDED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.