Arizona Sheriff Joe Arpaio Sued By Undocumented Woman Shackled During Labor

Two years ago today Miriam Mendiola-Martinez gave birth while in police custody, after being arrested for using false documents to obtain work. She says she was shackled to her hospital bed before and after her Caesarean section and forced to walk out of the hospital days later while still bleeding from surgery, with her hands and feet in cuffs.

Now Mendiola-Martinez is suing Arizona Sheriff Joe Apraio, who oversees the operations of local law enforcement in Maricopa County, for cruel and unusual punishment.

It's been a tough week for Arpaio, who calls himself America's toughest sheriff. The federal lawsuit comes one week after the U.S. Justice Department rebuked Arpaio's department for systemic civil rights violations against Latinos. And on Tuesday, a Latino Gulf War veteran was taken off life support after a fight with guards in one of Arpaio's jails left the vet critically injured.

Mendiola-Martinez's attorney, Joy Bertrand, says her client is also suing Maricopa Medical Center, the hospital where she gave birth, as well as the officers, doctors and nurses involved in the 2009 incident. Bertrand said there was only one officer who protested the shackling.

"She got lucky basically. A woman guard showed up who refused to shackle her during the actual operation," Bertrand said. "The male officers with her before and after she gave birth insisted on shackling her, but that woman officer kind of became the heroine in the whole thing."

Police arrested Mendiola-Martinez on charges of using a fake ID in order to work at Dillard's department store in late 2009, according to a report by the Phoenix New Times; she had worked at Dillards six years. Mendiola-Martinez was eventually convicted of identity theft. A mother of three, Mendiola-Martinez now has a work permit and is trying to obtain long term residence, according to Bertrand.

Mendiola Martinez's attorney says her client is not only seeking monetary damages for her alleged mistreatment but also hoping to raise awareness of on-going practice of shackling.

"In our research, the treatment hasn't stopped. And she wants it to stop," Bertrand said. "She wants the Maricopa Sheriff and the Maricopa Medical Center to get with the times."

Though both the American Medical Association and the American College of Obstetricians and Gynecologists have denounced the practice of shackling during childbirth, it's still legal in 36 states. The Federal Bureau of Prisons and the United States Marshal's Service have also eliminated the practice. In 2008 the U.S. Court of Appeals for the 8th Circuit found shackling during child birth to constitute cruel and unusual punishment, in violation of the Eighth Amendment.

In September "The Colbert Report" drew attention to the practice of shackling women in deportation proceedings during childbirth in a segment called "Labor Chains" after The Huffington Post reported about the topic.

Mendiola-Martinez's experience is not unique. Alma Chacón was also shackled during childbirth at Maricopa Medical Center; she said that one of her nurses requested that her restraints be removed, but an officer refused. Both Mendiola-Martinez and Chacón have told the Phoenix New Times that they were unable to hold their newborn babies after giving birth.

Michael Murphy, a spokesperson for the Maricopa Medical Center, said in a phone call with The Huffington Post that, "the decision to restrain a patient is directed by the law enforcement agencies." Judy Keane, another hospital spokesperson, declined comment on the hospital's stance on shackling during childbirth or the opinions of their doctors on the practice.

When asked for comment on Mendiola-Martinez's treatment, Lt. Justin Griffin, a spokesman for the Maricopa County Sheriff's Office, said he couldn't comment on pending litigation.

But last year, when approached by the Phoenix New Times, Deputy Chief Jack MacIntyre justified the practice of shackling inmates during labor, saying that a woman could be "faking labor" and attempt escape.

WATCH RELATED: Stephen Colbert Takes On The Practice of Shackling

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Comments

[7dr361]

06:10 PM on 05/10/2012

First she was giving birth to a child,,,,,,,,what are you going to do kick her out let her take her chances in the desert.......The child didn't do anything wrong.......Ask your self, What would Jesus do?

[7dr361]

06:04 PM on 05/10/2012

Shame.......Shame.............

[luz2409]

12:39 PM on 01/14/2012

This case makes me literally sick. People are so concerned with following immigration laws that they are losing their humanity. It's really heartbreaking to see a human being being shackled up like some animal on what is supposed to be one of the happiest occasions of her life. This Sheriff is a racist pig and I'd like to ask him how he'd feel if his daughter was treated that way or his wife? Everyone needs to put themselves in the immigrants shoes and ask what they would do in their situation and how they'd like to be treated.

[Bob Pante]

08:53 AM on 02/04/2012

My Grandparents came here the hard way LEGALLY.

[auntiec72]

05:17 AM on 02/29/2012

Once again if she wasn't here illegally she would never had to go through that. Two I doubt Arpaios daughter would ever commit a crime that would put her in jail. I would expect to be treated like a criminal and be shackled. AND WE DO HELP THEM A LOT WITH KEEPING THEM AS SAFE AS POSSIBLE IN THEIR COUNTRY. You want them helped so much you take your money and help them because America needs to be using that money to support it's legal American people. And again AMERICA DIDN'T ANYTHING TO MAKE MEXICO WHAT IT IS TODAY. WHY DO WE HAVE TO GO WITHOUT TO FIX THEIR PROBLEMS. YOUR SO RIGHTEOUS YOU HELP THEM. And when you apply for Social Security and there is no money to give you think back to when you wanted to give America's money to people who cause themselves all their problems.

[Armando Cedillo]

03:09 PM on 01/02/2012

Miriam Mendiola-Martinez has no right to be in this country. She is an illegal alien should be permanently repatriated to her homeland.

[luz2409]

12:30 PM on 01/14/2012

Despite what you may believe about immigration, no human being deserves to give birth shackled up like some animal. And you should really take that Mexican flag off your profile picture, you're no Mexican if you think your own people should be treated like animals. Just because you were born on this side you think you're better than your own people who are mainly fleeing a violent drug war in Mexico and coming here to protect their lives and their family's lives.

[Bob Pante]

08:54 AM on 02/04/2012

She attacked the police officer. Shackling her kept her from injuring the baby. Imagine the lawsuit if the baby had been injured.

[aj333]

02:40 PM on 12/30/2011

Solution: Don't be a criminal. If you are, don't get pregnant.

[luz2409]

12:58 PM on 01/14/2012

Easy for you to say as you sit at your computer living your privileged life judging people in a really hard situation.

[xenubarb]

01:28 PM on 12/27/2011

"Faking labor?"

REALLY?

That is one of the stupidest things I've read this morning.

[Captain Archer]

04:36 PM on 12/26/2011

If you don't like it.....

Stay in Mexico! Throw this bogus lawsuit out now!

[BravoFour]

06:27 PM on 12/26/2011

What a cruel thing to say.

[luz2409]

12:43 PM on 01/14/2012

Thank you! Finally somebody with a heart!

[crnlrobert]

01:26 AM on 12/27/2011

Funny, they used to say that during my grandparent's generation about the W*PS: Stay in Italy. We wouldn't have Arpaios in this country if only that could have been enforced. And so many of them arrived at Ellis Island without their papers. Unfortunately, none of their women got to be shackled while they were pregnant.

[luz2409]

12:46 PM on 01/14/2012

so true!

[Bob Pante]

08:56 AM on 02/04/2012

Shackled because she attacked a police officer.

[lawofthelion]

11:44 PM on 12/25/2011

where my comment

[lawofthelion]

11:41 PM on 12/25/2011

WELL IF THIS GOVERNMENT WOULD ACT ON SECURING THE BORDERS THE ILLEGALS WOULD STOP. iT IS COSTING THE TAX PAYERS MONEY. AZ IS DOING THE JOB THE FEDS WONT DO. AS FOR THE ONES THAT ARE MAKE THEM BECOME US CITIZENS. BUT FOR GOD SAKES SOMETHING HAS TO BE DONE. I HAVE A WIFE NOT FROM THIS COUNTRY AND I PAID OFR HER TO ENTER ONLY ABOUT 1000 DOLLARS FOR THE FEES.

[tonyc4137]

09:11 PM on 01/04/2012

Yea , where did your get a wife for only $1000. I would also like to get one that cheap.Most of you gringos (who by the way are not true americans) Remember your history books?I think it said that there were only indians here when your great grandfathers got here.But now only you guys are the true Americans.So lets send everyone else back home and just leave the true Americans here in AZ with that Nazi.Love this country and would die for it but God help it if this is the way we start to treat people because we think we are the only ones with all the rights..

[MA2AW]

03:34 PM on 12/25/2011

How can she sue? She was breaking the law by being here. Having a baby in custody is bad, but still a sercurity risk. She should thank him for saving her life by paying for the birth of her anchor.

[aztlan911]

06:43 PM on 12/24/2011

I lived in Arizona n I was stopped by the police cuz my skin color. I am a US citizen n I was put in jail without bond . the sheriffs treated me worst that an animal ; only all Hispanics, not white people. also, they made undocumented people to pay to get out of jail then when they paid the bond .they surrendered them to ICE . they stayed in jail n pay again or they r reported . I voted in Arizona in 2006 or 7 n one of the law proposal was wrote: vote yes or no . A pig can not be tied during pregnancy n allow her to have enough space to move during pregnancy . the stupidity that I can not understand is that a human been can be restrained during delivery n the maricopa voters voted yes to this proposal n now is a law. they r going to pay this with God or with us. we r waiting for that time n the time is here. boo , boo here come Pancho Villa is coming to town Ha Ha Ha

[MA2AW]

03:31 PM on 12/25/2011

Lie. Lie. Lie.

[aztlan911]

07:23 PM on 12/26/2011

I can not continue talking with an idiot like u . bye for ever, but remember what i said. one day, u or u kids will cut my lawn . no que no se podia

[aztlan911]

03:56 AM on 12/28/2011

this is not a lie . u r psychos n eat people ; crazies u also eat this 9
U.S.: ten years in prison for raping a chihuahua

AFP | Date: 12/24/2011
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A wheelchair-bound American was sentenced to 10 years in prison for raping a dog chihuahua, reported Saturday the prosecutor's office in Sacramento (California, eastern U.S.).

Robert Edwards De Shields, a repeat offender, was convicted last November of Chihuahua violence against the eight months of the family that housed it. The conviction comes with a lifetime registration of sex offender registration.

The animal, which says that justice survived thanks to intensive care, showed signs of strangulation and internal injuries.

Shields, addicted to methamphetamine and bedridden for several years in a wheelchair, should live after his release at a respectful distance from a school or child meeting place and carry electronic reconnaissance system.

rr / cs / jm / pz

[be practical]

08:28 AM on 12/24/2011

Let me get this right. A woman, who is 9 months pregnant, might be faking labor to run away. Never mind that the nurse says she is dilated, never mind the nurses and doc is scrubbed and ready for a delivery.

This leads me to 2 conclusions.

1. Obstetricians do not have medical knowledge/certification is AZ.

2. Apraio's police department is either too lazy or out of shape that they think they can't outrun a 9 months pregnant lady.

[SeeTheFnords]

06:16 PM on 12/24/2011

I can hear the cop calling for backup on his radio, "Look out, Unit 2, we've got a waddler!"

Utter ridiculousness.

[be practical]

08:07 PM on 12/24/2011

Hahahahahah !!

[Michael Ludin]

08:07 PM on 12/25/2011

Not too mention they were getting ready to remove the baby surgically --

[jedisabre]

09:17 PM on 12/23/2011

That's what they need to do to Congressmen every time they try to give birth to more deficit, not some Mexican mother who was starving for work. Heinous criminals should be so restrained but she was not a safety threat to anyone for using a fake id. A "brave" guard at the door would be sufficient. Where was she going to go? She was poor in Mexico, and hungry, right? Then could not get legal access. Help her find a legal solution to her plight for survival!

[sskepticall]

04:15 PM on 12/23/2011

For Sheriff Sheriff Joe Apraio it was just a matter of time. Evil evolves into more evil. He had to keep topping himself. It is the evolution of a soul-less person. He is almost like the early Nazi's. He has determined that the people who enter his state illegally are not worth dirt. He treats them like dirt or like something on the bottom of his foot. He has NO right at all to treat them in such a inhumane manner.

It is about time that the Federal Government got a backbone transplant and insured that these people are not treated badly. If they broke the law they can be incarserated. Mistreated is out of the question. He deserves to be sued for creating that environment.

Little wonder that he attracted thugs to carry out his orders. There are plenty of punks out there who want to beat up people are like fish in a barrel. I hope that county has deep pockets. They waited too long before they understood they were going to be sued. DUMB.

[Cyn de Harven]

01:38 PM on 12/23/2011

Aren't all criminals shackled during childbirth?

Why is she more special than American prisoners, that she thinks she has the right to sue.

And how do you sue a law enforcement official for following the law?

[Fenrir Lokison]

12:57 PM on 12/24/2011

There are several components to following the law...One of them is exercising good judgement in each case. Sometimes an overzealous of following the law can actually be just as bad as not following the law.

[Ken Overholt]

03:42 PM on 12/24/2011

No. Reread the article. She wasn't shackled during the acutal operation. Only before and after. It is just an exagereration to say she was shackled during childbirth. Just like when they kept talking about the muslims wanting to build a mosque at ground zero when the actual site was 2 blocks away from ground zero. Makes a more controversial story.

[sjj734]

01:29 AM on 12/25/2011

First of all, the article says shackled during labor, not childbirth.

Also, they tried to shackle her during childbirth, only the refusal of a female officer prevented that. Also the article reported of another incident where the woman was shackled during childbirth. So perhaps you need to read it again.

"Alma Chacón was also shackled during childbirth at Maricopa Medical Center; she said that one of her nurses requested that her restraints be removed, but an officer refused."

As to Cyn's post, I would say that in no circumstances should a woman be shackled during childbirth. I doubt someone who just gave birth poses a flight risk. Also, from what was in the article they also prematurely discharged her after the C-section while still bleeding from her incision.

If this had happened to an American in another country, I'd bet many of you defending this would be up in arms about the inhumane treatment of another country.

[Cyn de Harven]

01:40 PM on 12/29/2011

Ah. Well, then. No - I don't have a problem with that.