Teresa Berry v. Delaware County Sheriff's Office
SocialSecurity DueProcess Punishment Privacy
Whether the Sixth Circuit Court of Appeals and the District Court erred in finding the municipality not liable under 42 USC §1983
QUESTIONS 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 18, 2014) Shadrick v. Hopkins Cty., Ky 805 F.3d 724 (6 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 u and CPR; there is no evidence the employees of Defendant are trained to complete the documents the District Court relies upon as evidence of training; Defendants’ caused Filichia to be sequestered in a holding cell and her water shut off because of her drug history and then failed to monitor her for yet another serious medical condition, withdrawal.