PHOENIX — An appeals court will hear arguments on Feb. 11 in a lawsuit that alleges the rights of a former Arizona jail inmate were violated when officers restrained her before and after she gave birth to her son at a hospital.
Miriam Mendiola-Martinez is asking the 9th Circuit Court of Appeals to reverse a ruling that dismissed her lawsuit against Sheriff Joe Arpaio.
A judge ruled Mendiola-Martinez failed to show a constitutional violation and explained there was no law at the time that would have put officials on notice that restraining a pregnant inmate was unconstitutional.
The judge said Mendiola-Martinez wasn't restrained during the delivery, but a restraint was put on her ankle after she gave birth and was brought to a recovery room.
Arpaio maintains the policy was fair and proper.
