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WAGNER v. COUNTY OF MARICOPA

No. 10-15501.

673 F.3d 977 (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 Arpaio-wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2012.

Attorney(s) appearing for the Case

Joel B. Robbins (on the brief), John M. Curtin (argued), Phoenix, AZ, for the plaintiff-appellant.

Eileen D. Gilbride , Phoenix, AZ, for the defendants-appellees.

Opinion by Judge NOONAN; Dissent by Judge N.R. SMITH.

OPINION

NOONAN, Circuit Judge:

Yvon Wagner, as the personal representative of the estate of her brother, Eric Vogel, appeals the judgment of the district court in favor of the defendants, County of Maricopa and Joseph Arpaio. We reverse the judgment and remand for a new trial.

FACTS

Eric Vogel was born on December 21, 1964. By the age of six, he was showing signs of potential illness. His parents withdrew him from school when he was in...

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