Arpaio responds to ruling critical of pink boxers

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Associated Press

Posted on March 28, 2012 at 6:00 PM

Updated Wednesday, Mar 28 at 6:02 PM

PHOENIX (AP) — An Arizona sheriff known for making prisoners wear pink underwear has asked an appeals court to reconsider its ruling that criticized jail officers' decision to force the colorful boxer shorts onto a mentally ill inmate who erroneously believed the officers were trying to rape him.

The 9th Circuit Court of Appeals had ruled in a case brought by the estate of inmate Eric Vogel against Maricopa County Sheriff Joe Arpaio that the "dress-out in pink appears to be punishment without legal justification."

An Arpaio lawyer who asked the court to reconsider its March 7 ruling had argued the court's statement about the underwear appearing to be punishment without justification was improper and that no one had an opportunity to present evidence on that issue.

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