The Honorable Frederic Block, Senior District Judge for the U.S.
District Court for Eastern New York, Brooklyn, sitting by designation.This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
Before: John T. Noonan and N. Randy Smith, CircuitJudges, and Frederic Block, Senior District Judge.
Order;Opinion by Judge Noonan;Dissent by Judge N.R. Smith
The panel withdrew its prior opinion and in a newly filedopinion reversed the district court’s judgment, enteredfollowing a jury trial, and remanded in an action brought bythe Estate of Eric Vogel asserting that jail officials were partially responsible for Vogel’s death from acute cardiacarrhythmia following his release from jail.The Estate alleged that County of Maricopa jail officerssubjected Vogel, who suffered from a mental illness, to anunreasonable search and seizure while he was a pretrialdetainee. Prior to transferring Vogel into the jail’s psychiatric unit, defendants subjected him to a “dress out,”during which they forced him on the ground, stripped him of all his clothes, and changed him into the jail outfit, whichincluded pink underwear. The panel held that the districtcourt erred by limiting the testimony of Vogel’s sister at trialunder the hearsay rule because her statements were offered to