Rebecca Yarbrough v. Iris Tatom, et al

Filing

Opinion issued by court as to Appellants Brandi Clouser, Alecia K. Craft and Iris Tatom. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (16-16051X)

Case: 16-15905

Date Filed: 08/30/2017

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-15905
________________________
D.C. Docket No. 3:13-cv-00613-MCR-EMT
REBECCA K. YARBROUGH,
As personal representative of the estate of
Brady Kent Stevenson, deceased,
Plaintiff - Appellee,
Cross Appellant,
versus

DAVID MORGAN,
In his official capacity as sheriff of
Escambia County, Florida, et al.,
Defendant – Appellee,
IRIS TATOM,
ARNP in her Individual capacity,
BRANDI CLOUSER,
RN in her individual capacity,
ALECIA K. CRAFT,

Case: 16-15905

Date Filed: 08/30/2017

Page: 2 of 3

RN in her individual capacity,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(August 30, 2017)
Before WILSON and NEWSOM, Circuit Judges, and WOOD, ∗ District Judge.
PER CURIAM:
Defendants/Appellants Iris Tatom, Brandi Clouser, and Alecia Craft appeal
the district court’s denial of their motion for summary judgment on qualified
immunity grounds. “[W]e lack interlocutory appellate jurisdiction over the denial
of summary judgment on qualified immunity grounds where the sole issues on
appeal are issues of evidentiary sufficiency.” Cottrell v. Caldwell, 85 F.3d 1480,
1485 (11th Cir. 1996). Here, the district court’s denial of qualified immunity was
based on its “find[ing] that there is a genuine issue of material fact regarding
whether Tatom, Clouser, and Craft were deliberately indifferent to [the prisoner’s]
serious medical need.” And the only issue raised by the defendants in their
appellate brief is “[w]hether there was sufficient evidence to support a permissible
inference as a matter of law that any of [the defendants] were deliberately

∗

Honorable Lisa Godbey Wood, United States District Judge for the Southern District of
Georgia, sitting by designation.
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Case: 16-15905

Date Filed: 08/30/2017

Page: 3 of 3

indifferent to a known medical need.” Br. of Appellants at 2 (“Statement of the
Issue”); see also id. at iii (“The appeal presents a factually complex question
concerning whether there was evidence sufficient to defeat summary judgment ….
The issue which arises is whether there was sufficient evidence of the subjective
intent of the [defendants] to support an inference that any of … them was
deliberately indifferent to a known serious medical need.”).
Because the “sole issues on appeal are issues of evidentiary sufficiency,”
Cottrell, 85 F.3d at 1485, we lack interlocutory appellate jurisdiction.
DISMISSED.

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