Wagner v. County of Maricopa (747 F.3d 1048, 2012)

ORDER

The amended opinion filed on February 13, 2013 [706 F.3d 942] is amended by eliminating the following part of the opinion:

At Slip opinion page 13 at “When a color ” through to page 14 ending immediately before “Argument to the Jury.”

Insert in its place the following paragraph:

“On remand the plaintiff may prevail on the proposition that for the jail to apply the dress-out in pink procedure automatically to a man its own staff had identified as in need of psychiatric treatment was in deliberate indifference to his serious medical needs. Because of the evidentiary rulings of the trial court, the issue was not properly presented to the jury.

In addition, these rulings deprived the plaintiff of any foundation for medical testimony as to the probable cause of Vogel’s death. We do not reach the admissibility of the medical testimony because as the case developed under the district court’s rulings, the testimony lacked all foundation.”

The dissenting portion of the opinion filed on February 13, 2013 is amended by eliminating the following:

At Slip opinion page 15 delete and replace it with .

The dissenting portion of the opinion is further amended by eliminating the following part of the dissent:

At Slip opinion page 26 at <1 fail to understand why> through to immediately before