this court has has decided these what i would like to categorize as is the knowledge medical care cases many many times they appear in my principle brief the contracted provider for morgan county tennessee paragraph thirty seven dollars of the many complaint says that had the defendant's got mr adkins to a hospital sooner he would not have suffered the injuries and losses of the extent there  including permanent disability mr atkins will likely have like a lot lifelong medical care result of defended failure to provide constitutionally adequate medical care i refer to this more of a delay claiming he doesn't come into the facility with an established medical condition like a heart condition or a seizure disorder or something like that he comes in healthy  as far as i know is four's anyone knows i'm here we followed motion for summary judgment judge greer in green well tennessee granted our motion for summary judgment in all respects except for officer schubert and he is the only one on appeal he was the jailer and he was denied qualified immunity we follow a motion for summary judgment the other side did not response which the understand does not mean that we automatically get our motion for summary judgment granted a judge greer chose in a very long in a very  that true for purposes of this proceeding i think your honor that obviously under under rule fifty six you take the motion or the nonmoving party's version in the light most favorable to the movement to the movement it's not a rule twelve the the the issues still have to be they still have to present admissible facts which i would argue that what the district court seized on was mr adkins who we the whose deposition was taken in fentress county and not morgan county in their facility what medical center in oak ridge tennessee he diagnosed with a back strain officer shubert takes him back on the next day he takes him to a holding cell where he can get well you gave might be profane he took he took them to a holding cell where you get a shower for relief about any of that what i was asking is what happened after that where a parent me got really sick after that point and and at least you you presented that  that this kind of having more problems and that sort of thing it would depend on how judge greer took the case if it was if they and they know i can do is read their complaint if they're that may be what happened but that's what their best evidence i think that he said that they had either cause or some morgan i think it was the other one that was not sued had a look on their face like he was faking it i would suggest that i've been down it in my back and i'm sure many people have you don't move very well you are and that would be consistent with a back strain and you could not it would not be admissible on officer schubert's liability for a spinal abscess that was complex in diagnosable only after he was transferred to knox county park west hospital one of the issues upon that that testimony alone sort of irrespective of the spinal abscess issue argument would be obvious even to a lay person right that that this inmate mr atkins was  need of medical care he had a serious medical need that needed attention in fact it looks like it did it so isn't that really what we're looking at office inmate bridges you're looking at ask him only in terms of that what he thought was obvious and we we can accept that or not or reach whatever inferences we want that we don't need a physician to diagnose a spinal what the officer said i'm not sure they said anything to him i have gone back and read read read his deposition at length yes we did put it into the record what bridges said and there's no time period here i mean it's even inconsistent with what adkins said in his own testimony but as i recall i don't recall the exact time here but richard got on the intercom apparently and said here's what's happening to not only inmate bridges this testimony what had already been diagnosed but at considered kept from everybody and adkins's own testimony as well as you know what are we talking about you know a delay in getting forward and show that what officer schubert or any of these other defendants did contributed to that or cause that i don't think there's any causation here that we can and i would agree with you that there's causation that was on a motion to dismiss but yes i do believe that you can get into causation and i see my time as a little bit happy to respond good morning good morning jess's my name is kimberly cameron i'm here on behalf of the appellee james travis adkins this is my st appearance for this court and i appreciate your time thank you for you have any direct questions for me or sh i begin to proceed with your argument and rest assured you'll be i'm sure you'll be f a question thank you chief justice we are here specifically on the issue of qualified immunity for officer sh and the appellant has argued that officer she were has done nothing wrong that he was denied his qualified immunity and that judge greer did not take other evidence into consideration this is actually an argument of sufficiency of evidence it's not whether or not he should have been that he was proper properly did when other inmates are referring to officer crile it's a rather and a familial kind of small jail so they do often refer to jailers on their st name so when they say kyle that is who they referring to so and  to answer your directly yes officer she were did do things for travis atkins he was initially the one that drove him to the oak ridge hospital on july th he was taken there not after making a initial request it was just on direction of the nurse he had complained of some back pain and the nurse said go ahead and take him on to the hospital that has to be pretty severe back pain to go and take you to the hospital calls you were did take him he was there the entire time he was there when the our physicians assistant made the initial determination that he had a sprained back and then the and off a physician in the e r signed off on that they gave him a discharge order saying specifically you have back pain that pain can be indicative of other illnesses or other serious things take abi a profound motor and four times a day and come back if it worsens or radiates officer should work have that discharge order in his hand he delivered it back to the jail then officer schumer testify that he work not only the th the th then the th that is friday saturday and sunday on monday afternoon is when mr adkins was taken back to the e r late in the afternoon so right now we're focusing on the time for when he came back from the hospital from the e r in oak ridge on the th up until that point we have a short period time maybe forty eight hours give or take seven hundred and seventy two maybe well officer schubert then the following day on day shift he testified that yes i worked all day and travis specifically asked me to give him some medication which i did pursuant to that discharge or he gave an point and then travis also said i need to see the nurse it is getting worse officer shoer testified in his deposition that that is exactly what travis adkins did that he asked to see the nurse were said come on down to the booking area they put you in a different sail by himself to wait for the nurse he sat there all day and he was still in pain he asked he asked officer she were directly to his face so then the next day what to do wait for a nurse that didn't ever appear yes that is absolutely correct that would  anyone else that travis actions really did need to say someone else those are facts like to be that is a good argument for the jury to hear so after that he went on to tell him a nother in my name we're keeping to and he also stated that they had to carry travis akron's out on one of those green jail my aunts out into the common room while they were kind in the cells that is when that is exactly when bridges got on the intercom and told who he believed was all being col she worked that he still needed medical care that he couldn't walk he was having more more trouble walking taken twelve or twenty four hours before he was actually taken to the hospital well only evidence your honor that we would have would be in any direct testimony that he came back from the hospital case here where and you needed to put that in the record because it was not an open and obvious to someone not to be an obvious that's the wrong word but if it was not  his response to the other inmates and saying he's just faking it or at least that's what what's alleged but you have to show that that non responsive ness to the fact that he can't walk when he's and we have not put evidence of causation into the record because that is not what we need to show that he was deliberately important as part of your argument that that the period of time from when  not characterizing as that but that mr acas is in pain and suffering he's having problems and so i don't know what the record will show in terms of how that contributed to the spinal abscess but he's has a period of time where he is i think according to your complaint and as part of your claim he's you know experiencing pain discomfort all those kinds of problems and he doesn't get any  or that you get when you leave the e r and it specifically stated if your pain worsens and if it radiates or anything else comes back pain can be indicative of other serious illnesses you need to come back to the e r you need to go back in that would be some evidence submitted that when it didn't go back within that period of time that it continued to worsen and we can show that you're sleeping with direct testimony from already existing we don't know when he would have contracted some kind of bacterial infection but we do know that they are pretty quick you know they can go from zero to sixty you know really really fast so although the e r wasn't aware of it on that friday they specifically say come back if it gets worse if it doesn't get any better because it can indicate something much more worse but they did this take place saturday yes yes your honor he initially went on july th and then on saturday he said that is when he initially told officer shubert who already had knowledge of him going to hospital because he was the one that drove him to the hospital on the day now they didn't take him back to the hospital again travis to the restroom to the toilet moving him on when those green jailbait heads out of the sail out into the commoners it could be so it could be painted so they were even telling officer cryo on the intercom at that time it was a sunday so to refer back to justice murphy that would have been information going from the date of him coming back from the e r up until that sunday that it just boom it worsened so quickly but they were already on notice that if it was to get better ergo i'm sorry if it was to worsen and that he needed to come back to the e r immediately and that is where when he continued to tell officer shuber on saturday hey i need to go to the hospital i want to see the nurse it's not getting better i need to see that arches not getting better all they did was sit in a sale and say the nurse will be here later and then they let him take a shower the next not so they didn't automatically get on the phone get on the horn con to attack whoever had the authority to go ahead and transport him back and that's where officer schumer dropped the ball is that i'm hooked that answers your question  justice i'm getting close to my time do y'all have any additional questions for me no you don't have to use all your time thank you thank you are appreciated i'm strongly nervous thank you very much for your time and we hope you come back  d thank you thank you very much court to review the testimony of bridges he doesn't even mention he mentions josh morgan over the intercom he mentions josh morgan on his own it was suggested to him after he referred to somebody as a short little guy oh was that col was that callous tube or yes and that's when he comes out and says that they don't have any evidence of that is a spinal abscess yes that's my argument marvin is based upon what they put in their complaint because they've done very little else pennington's deposition was taken he doesn't say anything about what bridges says about i know that bridges can't if it misses will create an issue of fact alone regardless what p in with a heart condition and they knew and she had heart medication and they didn't give it to or here is you know you should've gotten him there sooner well the reason that everybody thought he had a back strain from lifting weights or lifting water bags is because that's exactly what adkins told them and that's what he told the doctors on to la to taint and that's what he continued to tell everybody the th the th and then he gets to the does ad can say oh yeah i've been doing these drugs they immediately take him to park west hospital in knox county they diagnose him thankfully he's over there and he's over his his his spinal abscess i think he was released sometime in september of two thousand and sixteen but that is the reason they have not put forth a theory on anything other then in their complaint all this stuff about atkins telling schubert this that the other never happened not the record and if they wanted to put anything like that in the record or add consent that they could have done so by it wasn't me that hey that's college happens to be sued not josh morgan they said yeah yeah yeah face to face you know but he's also saying stuff like i couldn't swear to the tom you know tom gets away from you