July 20, 2020

In the Middle District of Georgia, Tim Buckley and Eric O’Brien secured dismissal of claims brought by an inmate alleging deliberate indifference to a serious medical need.  Specifically, the inmate alleged that his medical treatment was denied due to budgetary constraints. The team from Buckley Christopher argued that there was no evidence to show that the Washington County Sheriff (the “Sheriff”) personally participated in the alleged deprivation of the inmate's rights.  The Sheriff never denied the inmate’s request to be referred to an outside provider, orthopedic or otherwise, due to budgetary constraints of Washington County because no such order was ever issued by the jail’s medical staff. The inmate was treated by the medical staff least eleven times and the Sheriff was entitled to rely on medical judgments made by medical professionals responsible for prisoner care.  Williams v. Limestone Cty., Ala., 198 Fed. Appx. 893, 897–98 (11th Cir. 2006). As such, the Sheriff was entitled to qualified immunity as to the inmate’s claims.

May 9, 2020

Taylor Hensel recently secured dismissal of all claims against a Georgia sheriff’s deputy who was accused of not thoroughly investigating a murder which led to the arrest of the wrong suspect.  The team successfully argued that the lieutenant went above and beyond the threshold of probable cause in his investigation since the suspect twice confessed to being at the crime scene and failed a polygraph test, even though the person who identified the suspect later recanted that identification.  Because the suspect was immediately released as soon as probable cause dissipated, the lieutenant was entitled to qualified immunity.