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WAGNER v. COUNTY OF MARICOPA

No. 10-15501.

747 F.3d 1048 (2012)

Yvon WAGNER, as the personal representative of the Estate of Eric Vogel, Plaintiff-Appellant, v. COUNTY OF MARICOPA, a political subdivision of the State of Arizona; Joseph M. Arpaio, husband; Unknown Arpaio, Named as Jane Doe Arpaiowife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2012.

Amended February 13, 2013.

Amended December 30, 2013.

Attorney(s) appearing for the Case

Joel B. Robbins and John M. Curtin (argued) , Phoenix, AZ, for Plaintiff-Appellant.

Eileen D. Gilbride , Phoenix, AZ, for Defendants-Appellees.

Before: JOHN T. NOONAN and N. RANDY SMITH, Circuit Judges, and FREDERIC BLOCK, Senior District Judge.

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...

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