wonder whether we have a live controversy there's been a public report that this piece has already been settled what are the steps that has not there was any consolidated appeal w that satisfy the court well it would satisfy me better if we had a copy of that s we usually don't take people's word for what documents danger and several circuits including this will have relied on that but no in part to create a three part test for determining when the state created danger escape into the confines of the hospital i would analogize that to it happening in a shopping mall or a movie theater or a bus station where there are identifiable people there but the same as there being identifiable groups of people that there would be in the general public what do you what are you offering a room like the court room that the ball shooting happened in are you offering the building we're trying to get are we're looking for the touchstone with regard to where that limit is what makes it a no judge saying he views the phrase particularized we're looking for where that limit is well i think that if you look at the decisions the decisions where this court has found there to be or not be the proximate cause element met specific to the state created a danger will we have the pain case where it was directed at the woman who was picked up at the airport and then left stranded at night seven the state created danger i guess it's an exception to the rule that the state does not owe a duty but on the causation before i see my time is rapidly decreasing but i want to make this point that in this particular case we have bystanders and the nature of the injury the nature of the harm is something that we can and more specifically says is part of the proximate cause analysis there is no case that he could not have a cause of action because he was by you know a public employment job as a law enforcement officer he essentially agreed to step into the lion's den into the snake pit that was why he had no cosmetic action but that case would look from one specifically directed directly on all fours confinement directly specifically i'm not asking about prisoners who are in hospital i'm right where we're talking all forty i'm one case you got the th circuit reverse nine to nothing in one case saying it's clearly established but then the only thing that clearly established is something that a high level of generality  emphasize that emotional distress damages are are recognized under supreme court case law as a compensable form of injury if there is also a physical injury one of the cases you're relying gladly recognize that when the children were leaving the abandoned car and turned of traverse across the secada skyway that one of them was an asthmatic but they also while they did not suffer any physical injury or be run over by a car they did and  is also recognized that there's not you can recognize that you can't have a class of perceivable and people from the entire county of milwaukee were not taking that position what i am saying is that anybody with any immediate gun in your face things that match nature because when it that type of violent crime happens then you can juggle injuries that's not something that you just walk away from for the rest if you walks which stays with you for the rest of your life him in the enable of his prisoner to take to take this weapon which created this chain of events a concert rampage so we do believe that we have a conscious shocking event that we do have a situation where i was teenie for receiving a stolen vehicle there was no indication at all that he would assault the assault be physically assault that's not to say that he shouldn't have been custody should have been maintained as a general principle but it does mean that there was not shopping that he was unshackled to the restroom and was not and was left on track and given the allegations in the the st place he was in the hospital because he had ingested cleaner and other things in the jail trying to harm himself and so he was in the hospital for that medical treatment treatment for the ingestion of yes yes and so go into the restroom was something that he needed to do in order to flush the system but i wanted to address this one last minute the read case back from nine hundred and ninety three it behind drunk passengers with keys maybe said to increase the danger that's not what happened here what happened here is it would be the same thing and really case if the officer had a rest of the driver and the drunk