Tyree v. Howard

In short

When our client was transferred to a new prison, he told officials there that he needed a bottom bunk because he had a seizure disorder. They put him in a top bunk anyway. Three days later, he fell out of his bunk and injured his head and leg. Were the officials deliberately indifferent to his medical condition? The district court sure thought so—but that didn’t stop the officials from filing a meritless interlocutory appeal. We’ve asked the Sixth Circuit not only to affirm, but for sanctions. Officials need to learn: Don’t file an interlocutory appeal unless you can follow the rules of interlocutory jurisdiction.