Ashcraft, et al v. Wooten, et al

*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not be published and is not precedent except under the limited circumstances set forth in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.
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United States Court of Appeals
Fifth Circuit
F I L E D
August 3, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40363
JON ALAN ASHCRAFT
Plaintiff - Appellee
versus
CAL WOOTEN, Warden, et al
Defendants
CAL WOOTEN, Warden; UPENDRA KATAGADA, Major of Building,
Security; MORGAN LAIRD
Defendants - Appellants
Appeal from the United States District Court for
the Southern District of Texas
(USDC No. 3:02-cv-539)
_________________________________________________________
Before REAVLEY, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*1

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Laird, Katragada, and Wooten take this interlocutory appeal from the district
court’s denial of their motion for summary judgment on the basis of qualified immunity.
For the following reasons, we dismiss this interlocutory appeal for lack of jurisdiction as
to Laird and Katragada, but reverse the denial of summary judgment as to Wooten.
1. The denial of a motion for summary judgment based upon qualified immunity is a
collateral order capable of immediate review. However, our jurisdiction is limited
“to the extent that [the denial of summary judgment] turns on an issue of law.”
Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S. Ct. 2806, 2817, 86 L. Ed. 2d 411,
427 (1985). “[W]e lack interlocutory jurisdiction to review the district court’s
conclusion that the plaintiff has created a genuine issue of fact as to some matter.”
Johnson v. Johnson, 385 F.3d 503, 523 (5th Cir. 2004). “Whether a prison official
had the requisite knowledge of a substantial risk is a question of fact.” Newton v.
Black, 133 F.3d 301, 308 (5th Cir. 1998).
2. A fact issue has been raised that Laird had knowledge of the schizophrenic attacker,
Benton’s, history of mental illness and violent propensity by way of his position as
the classification officer. Katragada is an assistant warden and has regularly
served as chairman of the Unit Classification Committee. The Unit Classification
Committee received a medical health history form describing Benton. There is also
an issue of Katragada’s confinement of Ashcraft after the injury. We dismiss
Laird and Katragada’s appeal for lack of jurisdiction.
3. The record displays no evidence to warrant the claim that the warden had

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knowledge of any problem with Benton or danger to Ashcraft. Appellant
Wooten is entitled to qualified immunity. We therefore reverse the district court’s
denial and grant summary judgment to Wooten.
DISMISSED IN PART and REVERSED AND RENDERED IN PART.

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