These police officers appeal from the district court’s judgment denying their qualified immunity defense to plaintiffs claim of assault and battery in the course of an unlawful arrest. Appellants’ briefs present a spirited advocacy of the record on their behalf. That will not suffice in view of the district court’s decision that fact issues are raised by the evidence in favor of the plaintiffs claim. This court therefore lacks jurisdiction of the appeal. See Kinney v. Weaver, 367 F.3d 337, 348 (5th Cir. 2004).

DISMISSED.