More MCSO brutality towards latino prisoners...

From facebook last night...

Mike Stauffer for Maricopa County Sheriff

We received news from an inside source that a Latino inmate at the 4th Avenue Jail is brain dead due to excessive force by detention officers. 

 -------------------------

Update tonight, from the Arizona Republic:

Phoenix inmate still critical after restraint at jail

by Amy B Wang and Kelsey Pfeffer - Dec. 17, 2011 02:10 PM
The Arizona Republic

A man who was taken to a hospital after he became unresponsive while being booked into a Maricopa County jail early Friday remains in critical condition Saturday, officials said.

The Maricopa County Sheriff's Office has identified the man as 44-year-old Ernest M. Atencio.

Phoenix police brought Atencio in for booking on suspicion of assault at about 3 a.m. on Friday. During the booking process, Maricopa County sheriff's officials said Atencio was abusive and combative, forcing police and sheriff's deputies to use "defensive efforts" in restraining him.

In a statement issued by the sheriff's office, MCSO Deputy Director Jack MacIntyre was quoted as saying the officers took Atencio to a "safe cell" in hopes of getting him under control. While in the cell, Atencio was under observation by medical personnel, MacIntyre said. About 15 minutes later, medical staff checked on Atencio and had to start CPR and other revival efforts, McIntyre said.

Atencio was taken to St. Joseph's Hospital in Phoenix.

McIntyre said an investigation is ongoing.

----UPDATE December 21: PHX NEW TIMES---

 

Marty removed from life support;

Marty Atencio Dead, Blood Tests Show Him Free of Illicit Drugs, Lawyer Says

ASPC-Yuma Deaths in Custody: Eddie Martinez.

Eddie Martinez was beaten unconscious at APSC-Yuma on December 11, and placed on life support. The death announcement below was posted by the Arizona Department of Corrections late today. Condolences to Eddie's family. Please feel free to contact me if you wish to organize with other families to prevent this kind of thing from happening again, or if you need support fighting the state in court. Do what you need to do to grieve, but know that you don't have to go through it alone.



Peggy Plews
480-580-6807
arizonaprisonwatch@gmail.com

ARPAIO and the DOJ: We want a perp walk.

The DOJ just released a 22-page letter of findings, concluding that the practices of Joe Arpaio and the Maricopa County Sheriff's Office violate the 1st, 4th, and 14th Amendments to the US Constitution, Title VI of the Civil Rights Act, and Section 14141 of the Violent Crime and Law Enforcement Act. The feds threaten a civil suit to convince him to change his ways. It's just a letter, though, not an indictment - never mind the blood dripping from Joe Arpaio's hands. 

People have been harassed, detained, arrested, abused, and neglected to death in Arpaio's custody, and yet his treatment of them doesn't appear to be a criminal case - not yet, anyway. I "loitered" in a public park after the posted hours at a protest, though, and immediately did 18 hours in Arpaio's jail. I may face more time yet for my graffiti and activism on behalf of human rights, and he's taking campaign donations as if he's running for office again. Texas Governor Rick Perry even courted good old Sheriff Joe's endorsement for the 2012 Republican presidential ticket...that sure says a lot about Perry's character, doesn't it?

I assume that the letter of the DOJ's findings is addressed to Bill Montgomery, Maricopa County Attorney, because his office will represent the county against any suit the DOJ actually brings (Arpaio's office has a private attorney) - all parties will fight at our expense, of course. Then there are the individual civil suits against the county and Arpaio that will all be bolstered by this finding; And there's the $99 million that he "misappropriated"; this man is costing American taxpayers a fortune. 

What Arpaio's term in office has cost us, though, far exceeds the expense involved in both prosecuting and defending him - he also cost the public our safety through his harassment and by clearing real crimes by "exceptional" means. He pursued his racist agenda and employed discriminatory tactics chasing down "aliens" at the expense of solving child sexual abuse cases, rapes and homicides - is it any wonder that so many of the victims his office ignored were children of undocumented latinos?

For the harm he's perpetrated all of our communities - flagrantly violating human and constitutional rights in the process - I want to see that man prosecuted. He owes hundreds of millions of dollars in restitution to his victims and has done violence to people's lives, as far as I'm concerned, but right now the DOJ is just talking about "reform" and "remediation". Someday I hope we have no prisons, but until we come up with a better way to protect the public from racist, abusive and dangerous people, I want to see Joe Arpaio locked away by the feds, not put into outpatient rehab. We have far too many people locked up on drug charges to be squandering resources rehabilitating him. It's time to indict this Criminal Joe - and let our people go.

4th Avenue Jail, Phoenix
Chalk the Police Day 2011

-----from the US Department of Justice Civil Rights Division------

Investigation of the Maricopa County Sheriff's Office

In June 2008, the Civil Rights Division opened an investigation of the Maricopa County Sheriff's Office (MCSO) pursuant to the Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act of 1964. Following a comprehensive investigation, on December 15, 2011, the Justice Department announced its findings that MCSO has engaged in a pattern or practice of misconduct that violates the Constitution and federal law. The documents on this page provide more information about the investigation, the Justice Department's findings, and next steps.

Findings Letter:

English   |   Spanish

Victim of Yuma prison beating may soon die.

 This is eerily reminiscent of Dana Seawright's story from July 2010, when he was beaten into a coma at Lewis prison for resisting gang orders, and ultimately removed from life support by his mom. Yes, it seems it could have - should have - been prevented here, had this fellow been placed in protective segregation after he was beaten so badly the first time. Instead he was apparently offered an "alternative" and seemingly "safe" housing option at ASPC-Yuma, where many of the other PS-rejects also get sent to be victimized even further.

If anyone has any further information on this prisoner's beating in Yuma - and the long-term outcome - please let me know. I'm undertaking a massive campaign to address the skyrocketing rates of prison assaults and homicides over the past 3 years, and the troubles prisoners are having getting protective segregation status approved even after being threatened and attacked repeatedly. 


 
Any background information and hard documentation I can get my hands on would be greatly appreciated. I (Peggy) can be reached at 480-580-6807 or arizonaprisonwatch@gmail.com.


Our thoughts are with this man and his family tonight.

----------------from AZ Range News---------------

Willcox man critically beaten in prison

By Ainslee S. Wittig/

Arizona Range News

Wednesday, December 14, 2011 1:07 PM CST

Eddie Martinez, of Willcox, turned 51 on Dec. 12, but there was no joyous occasion. Instead, his family was waiting for six doctors to determine his fate after he was nearly beaten to death the day before in Yuma.

Martinez was declared brain dead at St. Joseph's Hospital in Phoenix and will likely have his life support turned off Thursday, said his sister, Tina Hidalgo, also of Willcox.

The tragedy is compounded by the fact that this could have been prevented.

Martinez was in prison for repetitive offenses of fraudulent schemes and theft. He was incarcerated on June 29, 2009 and has been moved five times. When he was transferred to Phoenix unit SMU 1, he was severely beaten by other inmates about four months ago, she said.

"His jaw was broken. They kept it wired shut four weeks longer than they needed to and his pain medications were being stolen. He lost 35 pounds, and had just started working out again. He was a body builder," she said.

He was moved after that incident to the Arizona State Prison Complex Yuma's Cibola Unit in San Luis.

"He had just written a letter to my mother (Helen Martinez of Willcox) saying that the inmates who had beaten him up were transferred to his unit. He did not say their names," Hidalgo said. "This time they killed him. We don't know how long he had been laying there before anyone found him."

"We want to know who is going to be held accountable for what happened to my brother."

Hidalgo said her mother had not been able to get any information from the prison.

"They called her after he was taken to St. Joseph's, but did not give her clearance to come see him until he was determined to be brain dead," she said.

When reached Tuesday morning, Bill Lamoreaux of the Arizona State Prison Central Media Office, said Martinez was discovered at just after 2 p.m. Sunday, Dec. 11, "with injuries consistent with an assault."

"He remains hospitalized (as of Tuesday), and a criminal investigation is ongoing by the ADC (Arizona Department of Correcitions)," Lamoreaux said.

"I can't give you any more information at thei time,a sthe investigation is ongoing."

CCA Eloy: Transgender prisoner sues over sexual assault by guard

CORRECTIONS CORPORATION OF AMERICA:

Sadly, the following press release comes as little surprise...good for the ACLU-AZ for picking this case up and seeing the victim through - they've been busy with our state prisons of late, too.

For those who haven't been paying attention to all the glory and acclaim that Corrections Corporation of America (CCA) has brought to the prison town of Eloy, recall the lawsuits alleging torture of 18 Hawaiian prisoners, as well as the sexual assault of a prisoner by a guard (who was subsequently prosecuted). Then there are the problems with their California prisoners - and what happened in Idaho...

Needless to say, anyone thinking about having CCA move into their backyard (and take over their town council) should really think twice: their leadership clearly fails to set and demand professional - or even humane - standards of treatment for prisoners.

---from the American Civil Liberties Union----

ACLU of Arizona Files Lawsuit on Behalf of Transgender Woman Sexually Assaulted By CCA Guard

December 5, 2011

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHOENIX – The American Civil Liberties Union of Arizona today filed a lawsuit in federal court on behalf of a 28-year-old transgender woman who was intimidated, harassed, and sexually assaulted by a Corrections Corporation of America (CCA) guard while she was in immigration custody at the CCA-owned and operated Eloy Detention Center. CCA is the largest operator of immigration detention centers in the country and detains almost half of the 33,000 people in federal custody on any given day.

The lawsuit, filed against CCA, Immigration and Customs Enforcement (ICE) officials, and the City of Eloy, charges that local and federal officials failed to protect Tanya Guzman-Martinez from abusive male staff members at the facility in Eloy, even after being notified about the sexual attack and ongoing harassment by staff and other male detainees.

“Tanya left Mexico to seek refuge from the persecution she suffered because of her gender identity, and was exposed to even greater trauma at the hands of immigration officials who failed to take appropriate measures to protect her while she was in their custody,” said ACLU of Arizona Immigrant Rights Attorney Victoria Lopez.

During her 8-month detention at Eloy, one of the largest ICE facilities in the country, Guzman-Martinez was sexually assaulted twice. One incident occurred on December 7, 2009 and involved a detention officer who after repeated harassment, maliciously forced Guzman-Martinez to ingest his ejaculated semen and threatened to deport her back to Mexico if she did not comply with his demands. Guzman-Martinez immediately reported the assault to detention staff and the Eloy Police Department and the detention officer was later convicted in Pinal County Superior Court of attempted unlawful sexual contact.

Despite this attack, immigration officials did nothing to protect her from further abuse. In a separate incident that took place on April 23, 2010, Guzman-Martinez was sexually assaulted by a male detainee in the same all-male housing unit where she was subjected to the first assault. She didn’t report the assault to local police until about a week later because she feared retaliation by detention staff and other detainees. Soon after she reported the second assault to the police, Guzman-Martinez was released from ICE custody.

Although Guzman-Martinez was released from detention more than a year-and-a-half ago, she still suffers from the emotional pain she endured while at Eloy.

“When we tout our country as a beacon of freedom, fairness, and individual liberties for all, the United States, as well as state and local governments, and the people and entities with whom they routinely contract, must live up to those values, especially for those people who seek refuge in this country because of those values,” added ACLU of Arizona cooperating attorney Kirstin Story of the law firm of Lewis and Roca LLP. “Unfortunately, that did not occur in the Tanya Guzman-Martinez case and in many others. We hope that this lawsuit is a step toward remedying these failures.”

Today’s lawsuit alleges that CCA, Eloy, and ICE personnel failed to take basic steps to protect Guzman-Martinez’s physical safety and emotional well-being, to properly train and monitor the staff at the center or to implement best practices to house transgender detainees and prevent the sexual assault of vulnerable populations.

Incidents of sexual abuse in immigration detention, particularly among vulnerable women and LGBTQ detainees, are widespread, the ACLU said. In October, the ACLU of Texas filed a federal class-action lawsuit on behalf of three immigrant women who were sexually assaulted while in ICE custody at the T. Don Hutto Family Residential Center in Taylor, Texas. The lawsuit was filed following the release by the ACLU of government documents obtained through the Freedom of Information Act that confirmed 185 allegations of sexual abuse of immigration detainees jailed at detention facilities across the nation since 2007 alone. According to those documents, 16 allegations of sexual abuse were lodged in Arizona facilities – the third largest number of allegations after Texas and California. Of those 16 allegations in Arizona, 8 were from the Eloy Detention Center. In addition, the ACLU of Arizona documented five cases involving transgender or gay detainees who were sexually assaulted or treated in an abusive manner while in detention in Arizona facilities. The case examples are highlighted in the ACLU-AZ report entitled "In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers," which includes an entire section highlighting the array of problems confronting LGBTQ detainees.

Despite mounting documentation of widespread sexual abuse in immigration detention centers, the Department of Justice (DOJ) has proposed a rule that explicitly excludes immigration detention facilities from coverage under the Prison Rape Elimination Act (PREA). Congress enacted PREA to protect all persons in custody by setting standards for preventing, detecting, and responding to sexual abuse. “Without PREA's protection, immigrants in detention such as Tanya Guzman-Martinez, remain vulnerable to abuse,” added Lopez.

In response, the U.S. Congress will hold a briefing on December 7th titled: the Prison Rape Elimination Act and the Crisis of Sexual Abuse in Immigration Detention.

Lawyers on the case, Tanya Guzman-Martinez v. CCA, et al., include Daniel Pochoda, ACLU of Arizona Legal Director, and ACLU of Arizona Cooperating Attorneys Kristina N. Holmstrom and Kirstin A. Story of the law firm of Lewis and Roca LLP.

Click here to read the complaint.

The ACLU of Arizona’s detention report is available here.