RONALD LEE GILMAN, Circuit Judge. This case arises from an incident in which Detroit police officers Emmett Quaine and Juan Reynoso, Jr. opened fire on Ronald Floyd in his own backyard, wounding him in the chest. Floyd, who was unarmed, claims that the officers fired on him without warning and without cause. He filed this lawsuit, pursuant to 42 U.S.C. § 1983, against the City of Detroit and the two officers. According to Floyd, the officers violated his constitutional rights by using excessive force, and the City is liable for failing to properly train them. All three defendants filed a joint motion for summary judgment.

The district court denied the motion, finding that genuine issues of material fact precluded the grant of summary judgment. On appeal, Officer Quaine asserts that he is entitled to qualified immunity because his shot missed Floyd, and Officer Reynoso argues that he should receive qualified immunity because he fired under the mistaken but reasonable belief that Floyd had shot Quaine. For the reasons set forth below, we AFFIRM the judgment of the district court regarding its denial of summary judgment as to Quaine and Reynoso and DISMISS the City’s appeal as premature.

DENISE PAGE HOOD, District Judge. Appellant Willie J. Jackson (“Jackson”) filed a complaint against FedEx Corporate Services, Inc. and Federal Express Corporation (collectively “FedEx”) alleging he was discriminated against based on his race in violation of The Civil Rights Act of 1991, 42 U.S.C. § 1981 as amended (“Section 1981”), Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et. seq. (“Title VII”) and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. 621 et. seq. The district court dismissed Jackson’s ADEA claim and Jackson does not appeal that decision. The district court denied FedEx’s Motion for Summary Judgment with respect to Jackson’s claims under Section 1981 and Title VII. Following the close of Jackson’s evidence, the district court granted FedEx’s motion, pursuant to Fed. R. Civ. P. 50, to dismiss Jackson’s case. For the reasons set forth below, the district court’s order is reversed and the matter remanded for further proceedings consistent with this Opinion.