Yvon Wagner v. County of Maricopa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YVON WAGNER, as the personal No. 10-15501 representative of the Estate of Eric Vogel, D.C. No. Plaintiff-Appellant, 2:07-cv-00819-

EHC

v.

ORDER AND

COUNTY OF MARICOPA , a political AMENDED subdivision of the State of Arizona; OPINION JOSEPH M. ARPAIO , husband; UNKNOWN ARPAIO , Named as Jane Doe Arpaio - wife, Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Earl H. Carroll, Senior District Judge, Presiding

Argued and Submitted April 15, 2011—San Francisco, California

Filed November 16, 2012 Amended February 13, 2013 WAGNER V . COUNTY OF MARICOPA

Before: John T. Noonan and N. Randy Smith, Circuit Judges, and Frederic Block, Senior District Judge.*

Order; Opinion by Judge Noonan; Dissent by Judge N.R. Smith

SUMMARY**

Civil Rights

The panel amended its prior opinion, reversed the district court’s judgment, entered following a jury trial, and remanded in an action brought by the Estate of Eric Vogel asserting that jail officials were partially responsible for Vogel’s…