time for a bottle your honor i am here today on behalf of teresa berry the mother of the deceased the deceit briana felicia who has appealed the decision entered in the united states district court the crux of the issue why i am here is because the court below found that the delaware county sheriff's office did not fail to train its officers and with that one finding i believe that there are issues disputed issues of fact on either side and that the trial court did not consider the ones presented by the plaintiff and i'm here today to present those to this court specifically the there was an issue what was called medical policy and that was record number forty and it was attached the affidavit of jessica jackson and in that medical policy it indicated that correctional officers work instead are to be health trained personnel when you questioned each correction officer the had contact with miss felicia in the forty some hour she was at the jail before she died those corrections officers and those deputies deputy monson correction officer coombs correction officer o'brien none of them had any health training outside of c p r and st aid and if you went further into questioning them related to this specific policy none of them had any idea on what the definitions of this policy met with respect to the direction they were given as being health trained personnel specifically the policy indicated that the health trained personnel which were the correction officers had to take certain steps when prisoners were dropped off via warrant or otherwise at the jail in this particular case when mr leisure was dropped at the jail the intake procedures that are sent forth in this policy for the correction officers to follow weren't followed and when asked asking deputy coombs and withdrawn correction officer coombs or correction officer o'brien the two correctional officer who had interaction with mistily shot in holding cell for whether or not they had ever performed an intake intake questionnaire or whether or not one was done with miss felicia they could not enunciate what the policy meant with respect to every time a prisoner was taken in for an assessment whether or not they had to do it and that was because they couldn't remember ever being trained to to do it except one time then when you continued to question them the policy went further and indicated that specifically if an individual who was arrested was in questionable health they must st be delivered to a medical facility when i asked every correctional officer who was seated for deposition and every deputy what questionable health meant none of them could explain it in fact they said open bleeding was really the most obvious questionable health so in my brief and i presented to the court all this information indicating that none of these correctional officers knew how to determine whether or not an individual that question was in questionable health they purported to have miss felicia in a cell where they could watcher but could not see the purpose for which they were watching her because they couldn't determine what questionable help was and when if ever do related to a nursing staff member other than open bleeding when the trial court made its determination relative to this case it didn't analyze for any all intents and purposes in assisting any of that information but went instead and said that the deputy jail and ministr jessica jackson said that the deputies and the correction officers get medical training annually and that they get training over this policy annually which specifically conflicted with the testimony of the actual employees when you asked them if they'd ever received any training regarding the policy and the training regarding what health trained personnel war or any training regarding what the questionable health was when you look at the kiesel regarding evidence sufficient to establish that there was a failure to train there isn't some magic level of failure to train that you have to establish obviously is a case by case determination but in this particular case the evidence was that these officers outside of the c p r and st aid training they had at the academy had no other training whatsoever make any difference in this case on the issue of causation because the related to the nurse at the jail the history the medical history of the inmate and the court of problems that she said she was having i mean the fact that he gave the inmate to the the correctional health care company is that they have to do a medical pathway that they have to reach out to the doctor or a registered nurse that your claim against the health provider settled with correct probably your better coin here trouble with the causation that's all and and i see i don't not see that issue i mean i understand that there's an issue with causation or we wouldn't be here if it was that clear cut i think everything would have gotten resolved but in this particular case they were the arresting agency and therefore they wrote that language they're subject to that language and they don't train their own deputies to follow that language in fact their own deputies just bring him in to be reviewed by non medical trained personnel who can't make decisions or you know they have basically contracted away or attempted to contract away their liability to follow policies that are put in place to protect these people and their excuse we deliver to an lpn we don't need to be helped train personnel anymore we put her in a holding cell for and she didn't move and well they're going to argue that she did but they didn't they didn't have her on a watch they did not even if they had had her on a watch brian said all they do is walk up to the window and look in the window and walk back and they make a no make a note of what what do they make a note of i mean they've got to help they've got a contract with a health care provider are you saying they have a duty to not follow the advice of the health care provider that they have a contract with that they have a duty to over medical decisions made by the a written policy the promulgated the delaware and out there now i don't i doubt that too what i'm down saying is that they have a written policy in place and that was allegedly put in place to protect there to protect  is a constitutional violation if you put it in place and then don't train anyone how to follow it but you put it in place and have an emplacing we have it in place so it's there so it says here's what you do but we don't train one how to follow it we don't train anyone in the i don't think that's what the laws ok but i think that they have a constitutional duty to train their officers on the underlying substance of that policy so that they can actually follow through i gree with that they have to have a train to make sure that there is not grossly unconstitutional treatment of the of the inmates but they don't i don't think they have a constitutional duty to follow every one of a policy they promulgated that's all well i don't disagree with that but what i'm saying is in this case i don't disagree with that what i'm saying or what i'm trying to argue would've been trying to argue is that these officers and this jail staff had no idea what this policy said and no idea what to do and it was for all intents and purposes the perfect storm which couple hours later affected the life of somebody else and if you're going to put these policies in place i think that they have a duty to train their officers and they didn't do it and that's my argument or  so the there was an issue in my office with my secretary's husband who without she filed an affidavit indicating that we had done the complaint in july the amended complaint when we had filed our memorandum contra when the court granted the order to substitute the proper party she was out there her husband was on medical leave and and it didn't get filed and that and it was sitting there to file and ready to file so that mistake is excusable and should be substituted use of discretion not to excuse it yes i believe so just given the amount of time your office is on notice i can tell you that the substitution judge abuses the discretion by filing an order i don't agree that our office was guilty of legal malpractise i believe that the systems were put in place to have it filed and given the timing of the scenario that everybody believed it had been filed and it wasn't because the person who did the filing was the office m sheriff's office should be affirmed is there's no unconstitutional failure to train shown on the record and as mr berry conceded here today as well as page six of her reply brief failure to train is the sole issue on appeal and notably a municipal municipal liability is at its most tenuous when a claim turns on a failure to train so from the start ms berry faced a substantial hurdle judge watson's judgement of her grant of summary judgment to the sheriff's office as well as his denial of miss barry's motion to vacate was proper even though m berry's amended complaint seeking to substitute in the delaware county sheriff russell martin was not officially filed judge watson still went through a full summary judgment analysis as if that nd amended complaint had been meet the stringent standard of fault required for such a claim that comes to us from the two thousand and eleven case conic the thompson but in reality the dollar county sheriff's office trained its officers to both recognize the signs of  medical emergency and identify when to contact medical on the rd reason to affirm comes to us because we thankfully have authenticated video available to us that documents nearly all of th fully she is stay inside the delaware county jail and in cases like that are like this where we have video footage of the event this court need not grant me sperry all benefit of the doubt rather the reasonable inferences are to be drawn to the extent they're supported by that video and really miss barry's failure to train argument can be boiled down to the following detective the delaware county sheriff's office requires its officers to identify an individual in question will health and that's through a jail standard operating procedure but the sheriff's office allegedly provides no training on that topic which is why deputy munson the arresting deputy transported miss felicia's to the jail rather than the hospital in alleged accordance with the true customer practice of the sheriff's office but that argument significantly flawed for several reasons st the policy that ms berry refers to which is the document forty in the record that's a jail standard operating procedure so the individual has to come to the jail prior to the policy even taking effect but more importantly as the sheriff's office raised down below at the trial level and again and it's a brief mirror this is merely stepping foot inside the physical building of the jail is not the equivalent to acceptance into the jail as an inmate here we've got the video footage of deputy munson driving well we don't have video footage of the drive but deputy munson drove approximately eight miles from his felicia's home to the her complaints that she expressed to debbie months him we then see that within ten minutes of miss fully she's stepping foot inside that jail the nurse protection ducks a receiving screening we also have the benefit of seeing  clothing on her own and then we have a medical professional who conducts the receiving screening and sees no need to transport miss felicia to the hospital prior to accepting her into the  soapie has been followed and federal courts are reluctant to nd guess the judgments of medical professionals so the delaware county sheriff's office was justified in relying on that nurse berry underscores the weaknesses of i'm sorry that he secured medical attention from his felicia and underscores the weaknesses of miss berry's failure to train claim and even moving to a more legal analysis it's not sufficient to simply claim a failure to train without anything more there's usually a pattern that's needed to illustrate the deliberate indifference is for purposes of failure to train here this very tries to point to the death of tie down or which was a death that occurred after mrs felicia's death and it was a suicide therefore there is no way that that death could have put the delaware county sheriff's office i notice of insufficient training and so she's there for a laugh but the single incident theory of liability which makes the already difficult to prove failure to train claim that much harder  and i know it's been found in cases where a law enforcement office failed to train its officers on the use of deadly force that's just not similar to what we have here there actually is a record of training which is laid out in a pelleas brief document twenty seven pages forty three or forty two to forty three all of the corrections officers attended the opata corrections officer academy all deller county sheriff's office new hires were required to read and acknowledge receipt of the policies there was an f b o program at the jail corrections officer o'brien specifically said that during the field officer training program at the jail they were trained on quote intake procedures with medical staff on basic medical intake that's record th the record shows that the officers within the delaware county sheriff's office were trained beyond just the basic st aid and c p r notably deputy munson was a certified st responder and he testified that that training  compass a wide spectrum of medical issues but even still this court semi recently in winkler the madison county concluded that there was no deliberat indifference in a failure to train or a failure to provide training to officers beyond basic st aid or c p r so even if that's all the delaware county sheriff's corrections officers were provided that still does not equate to deliberate a difference however the record here shows that they had additional training it's also important to note that dollar county sheriff's office has two hundred and forty seven nurse staff in there for the corrections officers are not the only individuals at the jail who are going to have to respond to medical emergencies or be observing in the questionable health which is different than in the winkler case where the corrections officers were the only individuals at the jail monitoring inmates for all but forty hours per week and unless there are specific questions from this panel i'd be happy to address but it's requested that this court affirm the grant of summary judgment in favor of the delaware county sheriff's office questions are thank you girls or are they still be submitted