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GISH v. THOMAS

No. 07-12368.

516 F.3d 952 (2008)

Beverly GISH, Administratrix for the Estate of Jesse Brandon Gish, Plaintiff-Appellant, v. Jimmy THOMAS, Individually and in his official capacity as Sheriff of Pike County, Georgia, William Wallace Gilmer, Individually and in his official capacity as Deputy Sheriff of Pike County, Georgia, Pike County, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 5, 2008.

Attorney(s) appearing for the Case

George P. Shingler, Casey, Gilson, Leibel, P.C., Atlanta, GA, for Gish.

Jason C. Waymire, Terry Eugene Williams, Terry E. Williams & Associates, P.C., Buford, GA, for Defendants-Appellees.

Before HULL and PRYOR, Circuit Judges, and MOORE, District Judge.

PRYOR, Circuit Judge:

This appeal about an unusual suicide by a prisoner presents a fact-intensive issue: whether an officer responsible for transporting a pretrial detainee in a police car and aware that the detainee is a strong suicide risk is deliberately indifferent to that risk when the officer leaves a loaded firearm in the front seat of the car while the detainee is in the rear seat in handcuffs and behind a security screen that the officer erroneously believes...

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