and also miss ponces brief the parties do not disagree as to the controlling legal standards i think the issue before this court is the sufficiency of the evidence and i respectfully submit that there is overwhelming evidence here that requires a jury or should require juries review of this case prior to the oral argument the th circuit sent us notice that we should be prepared to discuss the sanchez versus the young county case and certainly at the time that we wrote out briefs this system had not been decided by the th circuit i would like to start my presentation with that cas specifically because i believe if you look at that case involving the suicide of diana simpson as well as the robert montoya known taste you have the same basic problems unconstitutional conditions which led to the suicide of my client rose of nia specifically in sasha's forces young diana simpson who had attempted suicide earlier was presented to the jail and the jail relied on her verbal responses to their questions regarding her condition and stopped all screaming at that point the th circuit points out that that jail would not consult medical personnel unless and until she was sober so the jail took the position that she answered virtually fine as in rows of  and therefore they stopped all screaming at that point to wait until she sobered up and of course she died in this case the undisputed evidence is that schaefer correctional officer s is in the screening forms and in the documents rows of money have disclosed for psychiatric diagnoses was traumatic stress disorder from being molested or raped as an eleven year old child courage depression due to the death of her friend attention deficit hyperactivity disorder and bipolar two disorder in addition to those four conditions ros opposition that these drugs be pushing legal in combination have been known to create or increase suicidal thoughts so what we have in this case is an abundance of information that my client had red flags that was confirmed by the testimony of dimitri can sallis was also a correctional officer now the county standards finds after its investigation is there appears to be no violation of minimum standards so what they look for was minimum standards only there's no indication that they look forward to considered constitutional standards additionally in the same document dated april th two thousand and seventy eight they stated that what suicide screening for completed and there were numerous flags indicated on the floor now the county disputes my to petition of the c father but i believe it's abundantly clear and that's the correctional facilities operations plan of orange county apologize i use the acronym about stating it ers that when there is no psychiatric conditions you have to consult with medical personnel at the jail well as in the death of mia and as this court pointed out in the case involving diana simpson the failure of the jail to take remedial action when they are on notice or when they are the switch at this point two there are two types of claims here an unconstitutional condition of confinement and also episodic act or emissions claim before of course we reached out to fundamental requiring is did the challenging reach its duty constitutional duty to the detainee who has much greater prostitution rights than a prisoner to provide one medical beyond or no time limits and that's a direct quote to verify prescriptions no time limits this policy unofficial policy exists even though defense counsel the attempts to verify were sort of put off forever it was efforts and the related fact question i add is is her st scription in the record for whatever medication she no your honor it's not she brought bottles with her but i mean so she did not going to prescription shades and what is did you it is do we know in fact with any certainty that she needed  person responsible for verification not correctional officer shaper because dickerson was the elder yet so it was her responsibility to attempt to verify or verify the testimony that she gave us on page thirty one of her deposition and page thirty two was that she be see the description list at four pm again it's called a prescription list the information provided by the detaine e and she knew that these prescriptions according to our client came from walgreens cell phone four pm to six pm she stated that she didn't have time to make the call and verify them know yes judge i have a couple of factual questions please number one we have the arrest report as of the circumstances of her arrest or illegal is that in the record it was produced but it's not part of the summary judgment record before the court inch ok she was the arrested for illegal drug possession about how messy and i don't believe it robert montana know he was never in that condition to be able to converse intelligently from the time that brought me to the chart he had fourteen a dot in the firm but would diana simpson respectfully she was also able to converse casually such that the that is not true that is not true i am intimately familiar with the record of the sanchez case she came in she was woozy she was able to fill out part of the the intake forms not i had denied suicidal ideation milt multiple times and then they put her in the back and they never talked to her again until he die so that is a distinction right i did make an assumption beyond the text but i do find it respectfully significant that is still the reliance upon a verbal answer now but there are what i mean because like judge jones i was on the  nd version of sanchez in that case the testimony really was that they had this sleep off policy so they take the responses and then they're not going to fill out the rest their own independent observations but here are unless you can point me to some place in the record this different officer shaffer really quite clearly did have a holistic approach she did make her own independent observations you disagree with that no however in her incident report which i cited part of our summary judgment record and as an exhibit she stated that she alternately relied on my own ears for a response that did not intend self harm why it's unreasonable because she knew or at least wrote about me and told her that she had been smoking marijuana and was abus objective information disclosed required consultation with medical super personnel and also dimitri comes out as correctional officer discuss that with these red flags and that's a term he used suicide is always tragic but it is not always preventable unfortunately and although it is understandable that boni a family would like to cast blame for her suicide the district court here was correct when it found that there was no constitutional violations committed by any of the county defend it as this court recently noted in the st sanchez versus young county case quote the county have or cannot be held responsible for fatal decisions the inmate made that were under all circumstances not obvious to government employees that is the situation we have here this case boils down to one basic principle a history of mental illness and or substance abuse does not automatically equate to a risk of suicide plaintiff's contention to the contrary is not supported by the facts of this case or the controlling case law the circuit and i will agree with my and colleague mr morgan that the parties are not really disputing the controlling law here but more the facts as they apply to the controlling law the main issue before this court today is whether or not the district court correctly ruled that the plaintiffs do not present a genuine issue of material fact on qualified immunity or there are three claims which just to briefly highlight for the score is a conditions of confinement claim and episodic acts and omission claim and monella liability we ask this court to affirm the district court's grant of summary judgment because the record below has conclusively established three main points the st neither officer schaefer nor nurse dickerson had any subjective knowledge that donia was a risk for suicide much less a substantial risk for suicide nd neither officer shafer nor nurse dickerson violated any clearly established law and last the two defacto policies that are alleged by the plaintiffs in this matter are only supported by mis characterizations and misrepresentations of the summary judgment evidence because this matter requires a fact intensive analysis before reaching the conditions of confinement claim in the sanchez case of the corps provided to us i would just like to briefly highlight four key facts that i believe  relevant to all of the claims before the court the st is that officer shafer was trained and licensed by the texas commission on long foresman to conduct in may circumstances that were in front of her and just to briefly highlight those circumstances the st being information from the arresting officer that he did not believe bunia was intoxicated and he did not believe she was a risk  the nd officer shaffer used her training to engage in an in depth and plain language conversation with tony about her responses on the screening form and that screen form your honor it's important to note that it's prescribe by the texas commission on jail standards so this is the state required form of the jail is using as part of those discussions ops or shaffer and bony and discussed her bipolar history and her substance abuse history next officer shaved her relied on her own observations of bunia not just during the intake but also during a strip search and for a full hour following the intake she noted from her observation did not act intoxicated she did not act depressed and she did not display any signs of unusual behavior or self harm she also relied on her interactions with tonia which she described as calm and positive and noted that boney i was making plans for the future notably she was making plans to bond out of jail that day or the next day and last in accordance with the jail policy officer safer consulted with her supervisor about tony and screening and about the demeanor that she observed in her interactions with the nia before deciding to place her in the holding cell a rd key fact for your honour's to consider is that there is no evidence in the record at all that boney a had a valid prescription for xanax and judge jones i know you asked earlier relating to whether or not she was bunia experienced any withdrawal symptoms during her ten hour incarceration in the orange county jail without your honors i will proceed next the condition of confinement claim and specifically discussed the sanchez versus young county case that you all had presented to us you said four key factors the th was the withdrawal symptom one yes you know i'm judge my question the th factor was the withdrawals ok thank you your honor i find that the sanchez case is very instructive for our matter here sanchez illustrates  factual circumstances that need to be present in order to support a conditions of confinement claim it's important here because when you compare sanchez to what we have here they are different in every material aspect there is nothing about in this instance arrest an intake in sanchez that is similar to the a here for example simpson was arrested for public intoxication the arresting officer knew that missin had ingested twenty four dollars pills and beer bonior was arrested for the possession of a controlled substance pacifically xanax and the arresting officer reported that he did not believe she was intoxicated miss since and on one hand was not diagnosed as i can see from the case law with any kind of mental health disorder here boney m was reportedly bipolar miss sense and did have a history of suicide at one is recently as a few weeks prior to her arrest here there is no evidence in the record that boney a had ever attempted suicide before additionally at the scene of her arrest the officers found her so incoherent and couldn't keep her eyes open she was unsteady on her feet that they called in and asked to the scene because they were worried she needed medical attention and miss the medic admitted that she was trying to kill herself actually that's not accurate anyway again i read the record and i apologize your honor i had thought that  the st few pages she had it emitted killing trying to kill herself to the e m s minute i apologise if i'm incorrect nonetheless there on the scene e m s was called to provide treatment to her here in this arresting officer didn't believe that mr o'neill needed any kind of medical attention which is evident by the fact that he did not call in a mess or he did not take her to the hospital prior to taking her to jail which is an option that he had and another notable fact is that her husband called the jail twice not just once but twice to inform them that he believed she was suicidal here there is no reports from any of member banias famil or friends raising a concern over suicide risk of suicide and fact miss boney had in person visit with her significant other the day that she was incarcerated after that visit significant other did not raise any concern with the jail about mr bonior as physical health her mental health or any concern that he believed she was at risk for suicide it's also important to note that the intake process for miss ansen was not completed specifically that t c j s mandated screening farmers not completed and the c c to search was not completed we do not have at issue here the records very clear and i believe it's undisputed that the intake process was completed and the c c q search was performed another important distinguishing factor is that in sanchez the risk questions about whether or not mr sin was timely observed by the corrections officers during her stay there was conflicting information between the testimony and the records in that case here there is absolutely no question that miss bonior was finally heard by the corrections officers every thirty minutes or less that is confirmed by officer testimony by the observation logs and by jail video another important instruct fact to gain from sanchez is the types of evidence that were available in the summary judgment record to establish the defacto policy that supported the condition of confinement claiming so that in that case the court found that there was a de facto policy of placing intoxicated inmates in an observation cell and till the detoxed are essentially sobered up the court was able to establish the existence of that de facto policy with three types of evidence the st was a history of reported violation by the texas commission on jail standards there was reports for five years which showed a similar violations of not completing the screening for and not properly monitoring inmates the nd was that when the texas commission on jail standards investigated innocence and staff they found those same violations existed  there was uniform testimony among the corrections officers that it was the policy of young county to place intoxicated inmates in the observation cell none of those three types of evidence are available in this case there is no information in the record that orange county had a history of violations reported by the texas commission on jail standards no violations relating to the adequacy of the screening form i'm sorry the adequacy of the intake process or agree with mr morgan that there were some red flags in the screening form you can ignore their final conclusion that there was no by aleisha ins of the state jail standards and rd there is no uniform testimony here or really any testimony at all that it is the policy or the common practice of orange county to either rely solely on inmate statements about their suicide risk or to deny or on recently delay the provision of prescription medication mr morgan throughout the briefing below in the briefing here also likes to point to the montana case montana was very similar to sanchez and that there was a uniform testimony among the corrections officers about the de facto policy that was alleged there that the only similarities between this case and montana o the words orange county texas other than that those cases are so factually distinct that the court below twice found the that case was in a  honour's i will next move on to the episodic acts and emissions claim raised by the plaintiffs and last year owners have any questions on the conditions of confinement claim or the sanchez case that's what it can hold normally on average i believe there's testimony in the record although i don't have the site in front of me that it's around one hundred and eighty dollars inmates early certainly below two hundred and that would be out at full capacity which if it is not always at full capacity or on  nights were there at the time of this incident i don't believe that information is in the record your honor regarding the deliberate indifference claimed there is no evidence in the record to st support the problem of subjective knowledge i will start with officer shafer i think it's very clear that her conduct with tony and her assessment based on the totality of circumstances presented to her and as she testified repeatedly did not lead her to believe that was a risk of suicide much less a substantial risk and again she base that on the information she received from the arresting officer she based on her own observations her interactions with tonia and her consultation with her supervisor about the screening form and miss boney is demeanor and behavior officer shaffer beyond that continued to interact with bonior during her ten hour incarceration when she timely completed the thirty minute observations and took misspoke two to visitation with her significant other none of those interactions led her to believe that her assessment was incorrect in the st place or needed to be changed to based on new information let me ask you a question i recall reading in the brief so that in our brief and also in our summary judgment motion i don't believe it went as far as to say it was yelling and screaming but that mr came out of that slightly agitated there is audio that conversation although i do not believe it was in the summary judgment record but the testimony shows that her and her significant other discussed bonding out the next day they discussed specific bonds men and n i cannot imagine i know you do not mean to speak for the group but i can't believe that anyone comes out of a conversation with their significant other telling them to do something probably slightly agitated that's not an uncommon experience but a bond that is not in the record below during the conversation he did say that he was going to work and contact the bondsman mr goodman that they had specifically discussed during their conversation so there is no reason for her to be upset or believe that she was not actually going to be bonded out the next day and certainly none that was known to officer schaefer apparently she had a record had she been in this job before with the running these officers she had been previously incarcerated by her most recent incarceration was in november two thousand and twelve so at least five years prior do not believe that she had any interaction with officer schaefer and i do not believe that she had any interactions before witness dickerson but i do not know that for something your honor ok just a little bit of time you have left could you mention the shift change problem the dickerson had and how that affected the verification yes your honor so once the nurse dickerson receives all of them a medical forms from the intake process she goes through them to identify what are the next steps that need to be taken so here she noticed that based on some yes responses on the screening form that she needed to make the state required notifications to the magistrate judge and the local mental health authority she made those next she noticed that misspoke he reported three different prescriptions and those needed to be verified so what she did was sent a request to the local mental health authority asking for miss boney as medical history and her prescription history and then she would want to about to try and identify the facility which ultimately ended up to be a walgreen's she did not know that at the time of what she could use to verify those prescriptions well there she was able to send out the requests to the local mental health authorities she wasn't didn't receive a response was not able to contact loggings and i see that my time is complete now your honor yes ma'am thank you very much  you're on mute start again oh i know i'm sorry i got i got it now i apologize i'm not very good a couple of questions i would like to answer for the court that the court raised the population of orange county is right below eighty four thousand and i concur with defense counsel that the maximum capacity is approximately two hundred inmates i know that i asked a question many with their i believe it was like  hundred and twenty six spots i'm telling you i don't remember that specifically what i want to hear on it is about eighteen the city of orange i believe judge i have to check but i believe that's it's a little bit bigger than that i thought it was around twenty four thousand dollars but i could be mistaken i know the county is right below eighty four thousand it's been flooded a lot it has been my heart goes out to those people it's really a terrible terrible situation for a couple of have that if the prescription have been verified and if she had gotten whatever medications based or xanax there will be a thing or whatever that she would not have publications that judge pro to judicial notice under rule two thousand and one that there are depressive if not suicidal ideations as result of these medications and interactions also the correctional officers dimitri we can't say for sure this is that she would have killed herself but i believe we can say that there are constitutional violations that were moving force in ultimately leading to the injury and we can rely upon dimitri detainees should be put on suicide status and that's in our or a seven or i believe that's correct page twenty of his deposition he also talked about how and this  significant that the intake officers correctional officers do not receive training on the effects of multiple medications or drug reactions drug interactions excuse me i misspoke o ultimately what dimitrios ins about us testified to and he has the cryos ranking correctional officer is that her profile alone should have put her on suicide status and that's on page forty six eighty two three thousand she testified even if she denied inattention to commit suicide he stood she still would have been should have been on correct on suicide status and that's also can a answer your question briefly ok because suicide watch requires suicide proof reading it would have been no sheet to wrap around that's the most important thing right it just says yellow pills i don't think it gives an amount that she had a clear plastic baggie with yellow pills that were discovered two days and x a course on the st page it also talks about synthetic their product which i believe