Marvin Harris v. Investigator Christopher Rosemeier

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1165
MARVIN HARRIS,
Plaintiff - Appellee,
v.
INVESTIGATOR CHRISTOPHER ROSEMEIER; INVESTIGATOR
CHRISTOPHER HILLIARD; CORP. JONATHAN WELLS; INVESTIGATOR
CHARLES TAYLOR, JR.,
Defendants - Appellants.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, Senior District Judge. (7:22-cv-00582-JPJ-PMS)
Submitted: February 19, 2026 Decided: February 23, 2026
Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion
Rosalie Fessier, Brittany Elizabeth Shipley, TIMBERLAKE SMITH, Staunton, Virginia,
for Appellants. Marvin Harris, Appellee Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Defendants, Christopher Rosemeier, Christopher Hilliard, Jonathan Wells, and
Charles Taylor, Jr., seek to appeal the district court’s order denying summary judgment
based on qualified immunity. This court may exercise jurisdiction only over final orders,
28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Defendants seek to appeal is neither a final order nor an appealable interlocutory or
collateral order because the district court’s denial of qualified immunity was based on the
lack of sufficient undisputed facts to render a decision. See, e.g., Yates v. Terry, 817 F.3d
877, 882 (4th Cir. 2016) (“[W]hen a district court denies a claim of qualified immunity
based on the insufficiency of the facts[,] that determination is not immediately
appealable.”). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense
with oral argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
DISMISSED

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