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 and remanded, where: 1) the district court's ruling that the decedent's 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) because her statements were offered to establish decedent’s state of mind; 2) the district court erred by excluding references to the pink underwear, and that, unexplained and undefended, the dress-out in pink appeared to be punishment without legal justificatio, so this due process question is open for exploration at trial on remand; 3) the admissibility of the medical testimony issue is not reached because as the case developed under the district court's rulings, the testimony lacked all foundation; and 4) the district court improperly eliminated the plaintiff's opportunity for rebuttal argument.

Appellate Information

• Decided 02/13/2013
• Published 02/13/2013

Judges

• NOONAN

Court

• United States Ninth Circuit

Counsel