Court rules in favor of Maricopa County on pregnant inmates

maricopa logoFederal District Judge David Campbell granted summary judgment in favor of Sheriff Arpaio, Maricopa County and the Special Health Care District in a case involving the restraint of pregnant female inmates. The Judge’s decision terminates the lawsuit in favor of the Maricopa County Sheriff’s Office and the other defendants.

Ms. Mendiola-Martinez accused the Maricopa County Sheriff’s Office and County Hospital of deliberate indifference to serious medical needs and cruel and unusual punishment in the use of restraints, while she was transported and after delivery of her infant. The Court found a lack of evidence to support any of the inmate’s contentions. Judge Campbell contrasted the Sheriff’s Office procedures with those in other cases and found the Maricopa County Sheriff’s Office procedures well within constitutional limitations.

“I have always believed our restraint policy to be fair and a sound security measure. I always believed the court would agree,” said Sheriff Arpaio. “I intend to maintain our restraint policy to protect my staff, the hospital personnel and the inmates.”

The restraint policy upheld provided for handcuffs during transport of inmates to the pre-delivery area of a hospital. Once medical personnel have determined that the pregnant inmate is ready to deliver the child, hospital personnel then medically restrain the inmate. During the actual delivery process the female inmate is not restrained. Once the inmate is coming out of medical restraint, a soft restraint is placed on one ankle and attached to the bed frame while the inmate remains in the public hospital ward area.

“This office has cooperated with agencies throughout the state to ensure that our procedures are humane, constitutional and appropriate, said Deputy Chief Jack MacIntyre. “We have carefully explained them to Amnesty International, state legislators and other entities. Only the most blatant enemies of the Sheriff had refused to appreciate their effectiveness.”

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