officers do that all the time we transport people but nothing happened i mean none of the bad stuff that you complaining about happened in connection with the transfer he went from hospital a to hospital transport well that he made the decision to transfer i don't think i would have found that i would have to get your complaint out but i think your point is that officer green now having him in this i'm qualified person represent magic valley regional medical center the hospital i represent can you view a department of the hospital which has been individual evening which is kenyan view safety after an addiction services of magic valley regional medical center and we'll like and we've addressed that and i'm going to get get to the underlying question we've addressed in our briefing if you look at the factual what i'm going to call the potential factual statements in the verify complaint the complaint contend that the information contained in the verify complaint relative to what actually happened cannot be considered by the court under the case why we decided to the court has to be evidence that is it mr ball into the record it has to be the emergency room physician calls in the designated examiner which is a department of health and welfare individual who actually makes the i'm not sure because that's not a physician per se it's a diagnos hospital and then they have a police officer not an orderly or whoever else normally you see around half bottles a police officer does the transfer to the other the person where it was supposed to be deposited and it's over so even if he was negligent or whatever there's no evidence that he was the person who got to where they were supposed to go he did the liberty of as i said earlier turn the of loose and do something else but he brought where to take him and let me go back to find his verified complaint because i'm i'm running out of time and i don't have time to go back and review and find the exact location i don't know that that was alleged in plaintiff's complaint all right we'll take a look at  also i don't know that that perch they lead to any damages again i think judge judge brunetti as judgment he has pointed out nothing happened during the transport of the transport you're not hearing my question i knew it was you know you've explained that remark and when he gets there he's now turned over to a person and when judge grinnell he said he was you know let loose or whatever the word you said you know affidavit in quote unquote medical malpractise cases i think if you're if you're looking at negligence in the terms in the context of mr smith arriving at this department of the hospital and being cared  which clearly states there was no basic negligence thence then certainly that also indicates that there was nothing above that basi to look at is whether or not he can proceed having not filed his undertaking judge lodge directly held that he could not also judge lodge correctly held that officer green had immunity under qualified immunity would apply because the officer was confronted with a situation and there are certainly is no clearly defined constitutional right not to be subjected to deadly force