ESTATE OF WEST v. SMITH

No. 20-10071.

9 F.4th 1361 (2021)

ESTATE OF Jeffrey WEST, Kim Ellis, Plaintiffs-Appellants Cross Appellees, v. Sheriff Grover SMITH, et. al., Defendants, Robert DeFrancisco, Defendant-Appellee, Marbra Chandler, Monica McCall, a.k.a. Monica Dunn, Denise R. Brantley, a.k.a. Denise Turner, Ronnesha Hodges, Stephen Wade Capps, the Estate of John Vanlandingham, and Wanda Vanlandingham as personal representative, Wanda Vanlandingham, as personal representative of the Estate of John Vanlandingham, Defendants-Appellees Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

August 20, 2021.


Attorney(s) appearing for the Case

William Franklin Cash, III , Ralph Edward Massey, Jr. , Clay Massey & Associates, PC, Mobile, AL, William Franklin Cash, III , Levin Papantonio Rafferty , James Alistair McKenzie , McKenzie Law Firm, PA, Pensacola, FL, for Plaintiff-Appellant Cross Appellee Kim Ellis.

William Franklin Cash, III , Ralph Edward Massey, Jr. , Clay Massey & Associates, PC, Mobile, AL, William Franklin Cash, III , Levin Papantonio Rafferty , James Alistair McKenzie , McKenzie Law Firm, PA, Pensacola, FL, Michael Stephen Dampier , Law Office of M. Stephen Dampier, PC, Fairhope, AL, for Plaintiff-Appellant Cross Appellee Estate of Jeffrey West.

Aaron Gavin McLeod , Adams & Reese, LLP, Birmingham, AL, Jannea Suzanne Rogers , Alexander Garrett Zoghby , Adams & Reese, LLP, Mobile, AL, for Defendant-Appellee.

A. Danner Frazer, Jr. , Attorney, Kristy L. Waldron , Frazer Greene Upchurch & Baker, LLC, Mobile, AL, for Defendants-Appellees Cross Appellants The Estate of John Vanlandingham, Wanda Vanlandingham.

Lawrence McCown Wettermark , Melissa P. Hunter , David F. Walker , Galloway Wettermark & Rutens, LLP, Mobile, AL, for Defendants-Appellees Cross Appellants Marbra Chandler, Monica McCall, Denise R. Brantley, Ronnesha Hodges, Stephen Wade Capps.

Before NEWSOM, BRANCH, and LAGOA, Circuit Judges.


Jeffrey West died shortly after he was released from the prison where he was being held as a pre-trial detainee. West had a staph infection, and after inconsistent medical attention that did not address his underlying symptoms, he died from complications related to the infection. West's estate ("the Estate") brought claims...

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