One-Time Inmate Appeals Dismissal Of Her Lawsuit

February 05, 2014

PHOENIX (AP) — A one-time inmate of a metro Phoenix jail has appealed the dismissal of her claims that her rights were violated when officers restrained her before and after she gave birth to her son at a hospital.

A judge ruled last month that Miriam Mendiola-Martinez failed to demonstrate a clear constitutional-rights violation and explained there was no law at the time that would have put Maricopa County on notice that restraining a pregnant inmate was unconstitutional. The judge concluded Mendiola-Martinez was not restrained while she was in labor at the hospital or while she was delivering her child, but after giving birth, she was brought to a recovery room and a leg restraint was put on her ankle.

Sheriff Joe Arpaio maintains the restraint policy in his jails was fair and proper.