Ruel Humphrey was intoxicated and was found wandering around city streets at 2:15 am. He was arrested and delivered to city jail at 2:35 am. At 4:15 am he was taken to the third floor of the jail and was left lying on the floor with his feet towards the entrance of the drunk tank. At 7:15 they were unable to awake him and eventually he was taken to a local hospital at noon and found to be unconscious with a subdural hematoma from injuries apparently received around the left eye and forehead. Ruel underwent brain surgery and died. P got the verdict for $59,534.34. D appealed.