Killpatrick

MEMORANDUM **

Defendants-Appellants, Los Angeles Police Department officers Michael Saghera and James Carroll, bring this interlocutory appeal from the denial of their motion for summary judgment based on qualified immunity. We dismiss for lack of jurisdiction.

The officers contend that the summary judgment record contained insufficient evidence to raise a genuine issue for trial. They also contend that the alleged misrepresentations were immaterial to the decision made by their superior officer, Sergeant Rakitis, to call for Special Weapons and Tactics (S.W.A.T.) involvement.

The parties are familiar with the facts, which are discussed herein only as necessary.

I. Genuine issue for trial

As the officers concede in their supplemental brief, the sufficiency of the evidence supporting a denial of summary judgment cannot be appealed on an interlocutory basis, even when the basis for the motion for summary judgment is qualified immunity. Johnson v. Jones, 515 U.S. 304, 307, 313 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995); see also Collins v. Jordan, 110 F.3d 1363, 1375, 1379 (9th Cir.1997).

II. Materiality

Saghera and Carroll argue that this court has jurisdiction to consider…