One-time inmate appeals dismissal of her lawsuit - FOX 10 News | myfoxphoenix.com

One-time inmate appeals dismissal of her lawsuit

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  • Judge ends pregnant inmate's suit over restraints

    Judge ends pregnant inmate's suit over restraints

    A judge has thrown out a lawsuit by a former jail inmate in metro Phoenix who claimed her constitutional rights were violated when officers restrained her before and after she gave birth to her son at a hospital.
    A judge has thrown out a lawsuit by a former jail inmate in metro Phoenix who claimed her constitutional rights were violated when officers restrained her before and after she gave birth to her son at a hospital.

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 wasn't 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.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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