United States Ninth Circuit

In a suit by the estate of a man whose death followed alleged mistreatment and the threat of further incarceration in a county jail, the judgment of the district court in favor of the defendants is reversed, where: 1) the district court's ruling that the decedent's mother and sister could not testify to what he told them about events at the jail was a prejudicial abuse of discretion, as the testimony was admissible under Federal Rule of Evidence 803(3) as a statement of then existing mental, emotional, or physical condition; 2) the district court's decision to exclude an expert's opinion as to the probable cause of death was a reasonable application of Daubert; 3) the district court erred in excluding testimony of another expert; and 4) the district court improperly eliminated the plaintiff's opportunity for rebuttal argument.

Appellate Information

• Decided 03/07/2012
• Published 03/07/2012

Judges

• Noonan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John M. Curtain, Eileen D. Gilbride