Ninth Circuit -- YVON WAGNER V. COUNTY OF MARICOPA

Reference to forced changing-of-clothes of mentally ill jail inmate should have been in for the truth of the matter asserted, not just for mental state.

Reference to pink underwear of inmates should have been allowed.

Barring doc from arguing that the experience killed the inmate was a correct application of Daubert, but he should have been allowed to say that it would have been stressful for him.

Court TKO'ing the plaintiff's rebuttal was uncool.

Dissent -

No offer of proof as to actual belief of victim means that it wasn't hearsay - victim might not have actually believed it.

State of mind exception to hearsay doesn't allow discussion of circumstances leading to the state of mind.

Doc's testimony would have been too speculative, given Daubert findings.

Not allowing the Plaintiff a rebuttal argument wasn't an abuse of discretion.

YVON WAGNER V. COUNTY OF MARICOPA