AFFIRMED. NO OPINION

See Ala. R.App. P. 53(a)(1) and (a)(2)(E); Evans v. Hightower, 117 F.3d 1318 (11th Cir. 1997); Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 (11th Cir. 1997); Richards v. Southeast Alabama Youth Sews. Diversion Ctr., 105 F.Supp.2d 1268 (M.D.Ala. 2000); Couch v. City of Sheffield, 708 So.2d 144 (Ala. 1998).

(dissenting).

I would reverse the trial court’s judgment and remand this case for a jury trial. Whether the police officers were deliberately indifferent in permitting Edwin Roy Bailey, Sr., the deceased, who had been arrested, to crawl across a street that had not been blocked to traffic was a question of fact. The officers got out of the way when they saw an oncoming automobile approaching; they left Bailey in the road, where he was struck by the oncoming vehicle and killed.

JOHNSTONE, J., concurs.