
    Shanikwa JOHNSON, Plaintiff-Appellee v. Mark WATERS, etc; et al, Defendants. Mark Waters, Deputy Constable, Defendant-Appellant.
    No. 04-40664.
    United States Court of Appeals, Fifth Circuit.
    Decided Feb. 11, 2005.
    Suite B, Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiff-Appellee.
    Robert Scott Davis, Christi Johnson Kennedy, Flowers Davis, Tyler, TX, for Defendant-Appellant.
    Before JOLLY and DAVIS, Circuit Judges, and ENGELHARDT , District Judge.
    
      
       District Judge of the Eastern District of Louisiana, sitting by designation.
    
   PER CURIAM:

In this appeal from denial of qualified immunity, we agree with the district court that questions of fact are presented as to whether the defendant Constable Waters used excessive force in seizing the plaintiff. Because genuine issues of material fact are presented we have no jurisdiction to consider this appeal.

Appeal dismissed. 
      
       Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     