Thomas

I

Larry D. Thomas, a state prisoner, brought suit under 42 U.S.C. §, 1983 for violation of his civil rights. In his suit, Thomas alleges that correctional officers R. Powell, B. Langley, J. Sims, and.D. Romero (hereinafter “the officers”) violated his constitutional right to be free from cruel and unusual punishment under the Eighth Amendment by aiming a loaded rifle with live ammunition at him without provocation or necessity. The officers moved for summary judgment claiming qualified immunity. The district court denied the officers’ motion on the ground that there were disputed issues of material fact as to whether their use of force violated the Eighth Amendment. The officers brought this interlocutory appeal.

We conclude that we lack jurisdiction over this interlocutory appeal because the district court properly denied summary judgment on the ground that there were disputed issues of material fact. Accordingly, we dismiss this appeal for lack of jurisdiction.

II

Larry D. Thomas is a state prisoner serving a life sentence at Pelican Bay State Prison in Crescent City, California. In July 1994 Thomas, then a prisoner at Calipatria State Prison, entered a shower stall…