United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS For the Fifth Circuit April 15, 2003 Charles R. Fulbruge III Clerk No. 02-41162

JAMELL KALIMAH, Indivually and as administrator of the Estate of Cathey Jo Howard-Kalimah Deceased and as next friend of Syed A. Kalimah and Regyna Q. Howard, Minors; ANNIE MARIE MCDONALD; RUDOLPH WINFRED MCDONALD,

Plaintiffs-Appellees,

VERSUS

MCKINNEY, TEXAS, CITY OF; ET AL.,

Defendants, JOYCE VANDERTUIN, Defendant-Appellant.

Appeal from the United States District Court For the Eastern District of Texas, Marshall 2:02-CV-22-TJW

Before DAVIS, HALL* and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:**

* Circuit Judge for the Ninth Circuit, sitting by designation. ** 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

For essentially the reasons stated by the district court in its Order of August 2, 2002, we agree that the district court correctly found that disputed issues of material fact are present which required it to deny Officer Vandertuin’s motion for summary judgment based on qualified immunity. We therefore have no jurisdiction to review the district court’s order.

APPEAL DISMISSED.