consumption purposes and for sanitary purposes adequate and i really can't tell looking at this complaint construing the complaint in the light most favorable if you assume it takes one point six gallons washington or lloyd and there are five hundred people there and they all flushed it or that once again you're telling me you had two thousand four hundred gallons of water available for toilet flushing obviously not record that that's but my point is construing this complaint this just seems like a premature moment you obviously have the right once you're up on summary judgment to move again for qualified immunity courts made that quite clear that strikes me as is disturbing really premature well with regards to consumption actually drinking water i mean we take from the case  know maybe forty ounces of water is enough for somebody you still have the sanitary issue whether it's brushing your teeth or washing your face or flushing a toilet about sanitation and in part the district court's opinion or ruling on the matter really focused on the sanitation issue we are highly focused on about twenty four cases that are primarily dealing with are what you don't want to read at  only plan and that doesn't you know if people are forced to live with on slushed that's a pretty harsh only plan don't misunderstand me and don't misunderstand my brief i'm not for is an eminently reasonable point nowhere does it actually at least it's not let's get rid of the word maybe if we were taking the facts most favorable to you it is a reasonable plan but that's not the jails plan was we're going to give you five little eight ounce bottles of water and you're just going to have to do without flushing the toilet for three days that that would be a problem i'd say that was objective reason reasonable right and so now we're just not to ratchet it up in terms of hypotheticals there allegation is that you roughly left alone in that same position because you didn't give them enough water to clear the toilet and you know facts will develop they will know after we get some depositions and get some information much water was there and was it just a matter of a couple of malfunctioning toilet didn't you know didn't work properly or is it a matter that it was just structurally an insufficient way to maintain fundamental cleanliness for a group of five hundred people you know respectfully though that's just monday morning quarterbacking you know what the reasonable plan i mean if your plan assumed that only two hundred fifty people needed to flush the toilet during the day of course you forbid everybody from flushing at night and they not saying that they're comfortable by no means this case is certainly about inconvenience shutting off the water to a building any building is going to be extremely inconvenient of these some any assumption that this is what you had to do i mean it is possible th shooter and his responsible people a doctor on reasonable plan a plan that violated people's rights to fundamental mr o'connor court kevin o'connor for the police the most important point i was going to bring out was that this is a twenty six the allegations that council focused on and we have three trout detainees were so we're dealing with people that are presumed to be innocent that are being subject to these conditions where they're being held in the jail simply because they can't afford to afford bail or they were denied bail in this situation we'll ledged a lot more he talks about gen motion and everything else and as your honor pointed out there's a lot more that was going on here we're we're dealing with we're talking about trying to flush drugs but a bucket of water a person goes to the bathroom during the day and they're doing number two as just number one it's not like they have a bucket next door and you go to the bathroom you then have to go take your dirty hands because you don't even have water to clean them unless you're going to use the few bottles they gave you to drink with the year ends you then taking those ends and the other inmates are dumping a arel into that into the this barrel with their dirty hands and then taking that over and trying to attempt to question toilet with one little bucket of water toilets are designed to flush that's what they mean not just for a little water on top and hope if somebody has gone to the bathroom oftentimes unfortunately if you're not feeling well or your you know you have a lot of theses you're going to need more than one bucket you may have to flush once twice three times but you're not going to get that where they just said you know what there's a great over the floor we let him go to the bathroom in a hole in the floor what difference is a hole in the floor if you can't flush the toilet it's the same situation if you can't push the toilet is going in a hole in the floor it's all going to remain in the toilet they talked about had didn't have running water and they had the feces on the wall counsel seems to make a difference whether the p c is on the wall or in the toilet they were subject to the feces and being exposed to the vermin that come with it exact same such were faced with and the saddest part about this government purpose to improve the facility the cases he's citing nobody is going to talk about a proper government purpose when there is parents season blood on the walls nobody's going to come into this court and say well we had a proper government purpose for that but here we've got a y it's the conditions that arise as a result of it but in light of the proper governmental purpose we look at these conditions be compared to the cases cases which are rarely talking about whether there was a legitimate government here so what what was being done was there was a booster pump in the basement that was being switched out it was past useful life and had to be replaced now again not in the complaint that you can derive that there was a plan that unless there is some mitigating circumstance i don't know what that would be perhaps it was seventy degrees the whole week but here we've got the mitigating circumstances part right into the complaint we've got bottles of water we've got barrels of water we've