Appeals Court Denies Arpaio's Bid For A Rehearing

December 31, 2013

PHOENIX (AP) — A lawsuit against Maricopa County Sheriff Joe Arpaio is a step closer to a second trial.

The 9th U.S. Circuit Court of Appeals has denied a petition to rehear Arpaio's appeal of a ruling that criticized his jail officers' decision to force pink underwear onto a mentally ill inmate who erroneously believed jailers were trying to rape him.

Arpaio's office won the case at trial in 2010. The 9th Circuit threw out the verdict last year and called for a new trial in the suit filed by Eric Vogel's estate.

The appeals court said dressing inmates in pink underwear appeared to be punishment without legal justification.

It also noted that it is fair to infer the selection of pink as underwear color was meant to symbolize the loss of prisoners' masculinity.