by one of the deputy sheriffs with a court like a brief recitation of the facts in this case i don't think they're necessary thank you your honor the issue in this particularly case is whether or not the amendment extend immunity to georgia sheriffs for the function of operating is jails we argued today that the answer to squash in the snow and the united states supreme court case of mcmillan versus monreal county ultimately controls the outcome of this case  argued that based upon the hierarchy to federal courts because the united states supreme court has superiority over the last circuit court of appeals and because mcmillan's analysis applies in this case mcmillan so you've got to can persuade us to overrule herself to prevail in this case and to your honor if i may i would like to deviate from purcell and the reason for that is because  the federal court did not really conduct much analysis in purcell other than to rely upon its holding in manners versus lee as the court has seen i had spent considerable time arguing demand there's fact district court did not air in that particularly respect because in the motion to dismiss stage the plaintiffs allege certain facts and the district court is correct in the aspect of assuming the factual basis of the facts in the complaint and this case where we allege that the douglas county sheriff's office had a policy of having mail that the sheriff supervising female inmates and the and your honor since the court has brought my attention to the four factors that had been listed over and manders which was relied upon by purcell i will go over the factors in turn the alarm they look at what degree of control the state maintains over the sheriff's office three where the sheriff the rives funs and four whether sheriff what are judgment against the sheriff would be a drain on the state treasury now it's important to know that these factors look at the presence of state characteristics and whether or not the presence of state characteristics is there to extend a lot of amendment immunity and that is because it is precisely the state actor status which grants a local government official immunity otherwise there would be local government liability under mono versus new york city department of social services therefore today while in theoretically we do not need to prove cow county characteristics we just need to prove the absence of state characteristics our as a practical matter we will argue for county characteristics to the extent that it will automatically preclude the state characteristics of the sheriff's office we st looked to the georgia state constitution and see that the georgia state constitution actually lists the sheriff's as county officers on the article nine section one paragraph three and the georgia state courts in numerous occasions have held that the sheriff is a county officer and in fact in our brief we have pointed to the fact that the sheriff is the county's main jailer and is subject to the supervision of county governing authority and under all c g a forty two there is five dash two a the state law allocates fiscal responsibility between county inmates and the state prisoners while the state prison can put certain say prisoners within the county lines of the county jail if the county has to provide emergency medical services the state is required to reimburse the county this shows a cleared in the delineation of fiscal responsibility for the operation and maintaining of prisoners because from i'm not sure eon or i'm not saying it was a state law yes it was a state law your honor however we argued the fact that the county jail jails inmates as the enforcement  state law is irrelevant to this particular case because in mcmillan the united states supreme court requires the court to look at whether or not a sheriff is a state actor on a function by function basis the fact that a sheriff incarcerate people in the county jail putting them in the custody of the county jail that is that is its law enforcement function but how it operates how to share of operates a jail on a day to day basis that is actually a operations function which is the issue in this particularly case because the georgia state constitution has a list of county officers and the georgia state court has listed that shares are county office on numerous occasions this court should take the state definition factor into favor holding that the sheriff is a county actor when it's operated so in jails the next question is what the gree control does the state maintains over the sheriff for the function of operating his jails we argued that there is no state law which gives control of the shares jail operations to the state of georgia again the absence of sta control is sufficient to defeat extending the memory community because it is a state actor attributes which justifies extending immunity however in this particular case we also have non state actors who operate some degree of control over the sheriff while the sheriff is the main final policy maker for how it's run is for how it runs his jails the sheriff is subject to the control of the county electorate if the residents are not happy with the sheriff they can vote him out of the office and on their o c ga forty two dash for one day the county commission does have some indirect control over a county sheriff by conducting grand jury investigations to see whether or not the county jail is being run properly and because the state has zero control over the sheriff and how our runs its county jails we argue that the controlled house also favors treating shearers as a county actor and not extending a it is the county that funds the operation of the jail and under o c ga thirty six dash ninety five dollars a it is the county that funds the physical construction of the county jail these facts for the issue man there is the court looked to the sheriff's function of its use of force policy at the jail and this particularly case we are looking at a different function which is the jails operations how the sheriff allocate that the motion to dismiss stage and the last factor under manders is the most important factor in my opinion which is whether a judgment against a sheriff would drain the state treasury and demand there's court acknowledges that a judgment entered against georgia sheriff is not paid out the state treasury it's not even paid out of the county treasurer he's actually paid out the sheriffs in the pen and budget and under united states supreme court this is the most important factor and that is the united states supreme court case of has versus the transportation commission of hudson cooperation the court my name is robert markovitch i represent the affably in this case sheriff ten pounds is the sheriff of douglas county georgia this up a few things to say which is obviously be a query with your remarks judge wilson sheriff kuyt functions as an arm of the state not of tombs county when promulgating policies and procedures governing conditions of confinement it tunes can reach out and at issue here as supervision the she alleges defendant sheriff operates and maintains its jail with a policy or custom of allowing its deputy sheriffs to have cross gender supervision of and mates with a reasonable safeguards in place it's the violation of that policy which forms the basis for their when l claim there can be no such claim under purcel which follows directly from the decision in manders that this particular case we acknowledge that purcell is the holding that binds the outcome of despite secular case however purcel relies assists upon manders and as i have argued here today the way that the managers court have analyzed the factors biases in favor of the state and discounts the count characteristics and we asked that the court take a look and revisit the characteristics over manders but once again because the function that was looked at  is the use of force policy whereas the function that we're looking at here today in this case is the function of how the sheriff operates its jails the differences and functions allows this court to reverse a district court without having to