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Teresa Berry v. Delaware County Sheriff's Office
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-3096 · judgment November 14, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Sixth Circuit Court of Appeals affirmed the judgment from the United States District Court Southern District of Ohio Eastern Division finding that the municipality, specifically the Sheriff of Delaware County, the Officer in charge of the jail, was not liable under 42 USC §1983. There are four questions presented: A. The decision by the Sixth Circuit Court of Appeals as well as the District Court directly conflicts with Jimenez v. Hopkins Cty., Ky 2014 WL 176578 (W.D. Ky Jan 13, 2014) Shadrick v. Hopkins Cty., Ky 805 F.3d 724 (6th Cir. 2015) B. There is testimony in the record as well as a medical policy which clearly establishes that the medical policy upon which all testimony relied was identical to that of the medical policy in place at the time of Filichia’s death. C. Deputy Mohnsen and the other Deputies and/or Correction Officers, although defined by policy as health trained personnel, had no training on how to identify a serious medical condition and ignored the decedent Filichia and her boyfriend’s requests to take her to the hospital. D. Is the fact that employees of Defendant are not trained on how to identify serious medical conditions sufficient evidence of deliberate indifference when they only receive First Aid
Counsel of record
For petitioner
Steven D. Rowe
Kemp, Schaeffer & Rowe Co., LPA
For respondent
Daniel Thomas Downey
Fishel Downey Albrecht & Riepenhoff LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 20 2020Petition DENIED.
- Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
- Mar 13 2020Brief of respondent Delaware County Sheriff’s Office in opposition filed.
- Feb 12 2020Petition for a writ of certiorari filed. (Response due March 16, 2020)