PHOENIX — The family of a prisoner who died in one of Maricopa County Sheriff Joe Arpaio's jails filed a lawsuit Tuesday alleging officers beat the mentally ill man and shot him with a stun gun in an unprovoked attack that marked another example of the "culture of cruelty" in the lockups.
The lawsuit by the family of Ernest Atencio was the latest in a long line of legal claims against Arpaio over jail conditions and treatment.
The suit states the 44-year-old Atencio had an altercation with Phoenix police and jail officers while he was being booked on an assault charge on Dec. 15. He was found unresponsive and died five days later, after his family took him off life support.
The sheriff's office didn't immediately respond to a request for comment on the lawsuit, which requests a jury trial and seeks unspecified general and punitive damages.
Atencio's family filed a $20 million notice of claim — the precursor to a lawsuit — against Phoenix and the sheriff's office in June.
The sheriff's office said last year that Atencio was combative when police brought him into the downtown jail, and he was placed in a "safe cell" to calm down after fighting with deputies.
The agency said Atencio was found unresponsive 15 minutes later, even though he was being monitored by medical staff.
The lawsuit, however, painted a picture of teasing and abuse at the hands of officers who made fun of Atencio's inability to follow directions and encouraged him to make funny faces while his mug shot was taken.
One officer allegedly said authorities should make it the "Mug Shot of the Week," referring to the sheriff's online contest in which people can vote on their favorite booking photo.
Atencio was attacked later by two Phoenix police officers after he refused to take off one of his shoes in a holding tank, the lawsuit states, adding that some of Arpaio's jail officers joined in and formed a "dog pile" atop the prisoner.
A sheriff's officer shot Atencio multiple times with a Taser, and another later struck him as other officers held him down while Atencio cried out in pain, the suit states.
"They knew he was mentally ill," said Mike Manning, a lawyer for the Atencio family who has won damages involving five other deaths at the jails. "They knew he was not on drugs. They knew he wasn't combative."
A county medical examiner's report released in May said Atencio died of complications from cardiac arrest and the manner of death was undetermined.
Cari Gerchick, a spokeswoman for Maricopa County, which was also sued, and the Phoenix Police Department, another target of the lawsuit, both declined to comment.
Arpaio rose to national prominence over the past 19 years by toughening conditions in his jails. He housed inmates in canvas tents during Phoenix's triple-digit summer heat, made them wear pink underwear and banned cigarettes and porn magazines.
The conditions have prompted complaints about brutality.
The county has paid more than $24 million in claims over its jails since Arpaio took office in 1993.
IceCat posted at 6:22 pm on Tue, Oct 23, 2012.
The Maricopa County Sheriff Office getting sued. Isn't this like a daily event.
Bodacious posted at 7:27 pm on Tue, Oct 23, 2012.
It's the new Az. lottery...lowlife families (and their lower life ambulance chasers)getting rich off the lawless actions of their lowlife criminal relatives.
phxvato1202 posted at 7:35 pm on Tue, Oct 23, 2012.
well bodacious i have to take your statement as fact because as a low life yourself you have the experience and the ability on your side of what a low life is all about.
LittleJoeCartwright posted at 6:17 am on Wed, Oct 24, 2012.
As long as idiots like Bodacious are around, Shurff Joke will enjoy his little monarchy. They cry about people taking correct legal action against a sheriff who has never been able to do his job, rather than hold the sheriff liable for his inability to run a decent jail.
Accuracy posted at 9:00 am on Wed, Oct 24, 2012.
Sheriffs throughout the nation, are the highest law enforcement officers in the county because they are the only ones elected by the people. Sheriff Joe Arpaio of Maricopa County Arizona is one of them. Throughout the nation, the elected sheriff’s position overrides any federal agency or even the arrogant FBI agents who attempt to assume jurisdiction over cases.
Just like the re-elections in 1996, 2000, 2004, and 2008, voters in Maricopa County still approve "Sheriff Joe" and he will not lose his re-election November 6, 2012 in this county.
wellreadone posted at 2:13 pm on Wed, Oct 24, 2012.
The obvious facts that seem to be overlooked by those who voted for him are fiscally crippling. He is a junkyard electromagnet for lawsuits.
Awards which total many millions by now are paid on the backs of the taxpayer not the guilty parties. I no longer reside in Maricopa County, however, I feel that those who do deserve far better than they have received from loose cannons. Ones that are about as cost effective to operate as an ocean liner with it's anchors dragging.
I would think that he would not be reelected based upon the fact that he requires monies that the budget cannot afford. Then there are many more areas such as effectiveness, performance, management and so forth.
doc10250 posted at 6:30 am on Thu, Oct 25, 2012.
And so, Accuracy, you approve of the behavior and severe shortcomings of this guy, huh? That makes you part of the problem, not of the solution! This guy is nothing more than a bully with a badge and someone we do not need any longer. there is so much wrong with the MCSO that I'm truly surprised you cannot/willnot see. We have got to get rid of this cancer in our county and state. Vote NO to bullies with badges; vote no to horrid jail conditions; vote no to Sheriff Joe! We can't stand 4 more years of this either fiscally or morally. Vote Penzone for sheriff; the ONLY was to clear up this mess once and for all.
DavidNichols posted at 11:27 am on Fri, Oct 26, 2012.
Arpaio's Trained "Goon Squads" have a long history of Beatings, and Taser "Wrongful Deaths".
Scott Norberg was Beaten, toyally restrained, beaten more, then a wet towell shoved down his throat to stop him from begging for his life while six Goons Tased him over twenty times until he would finnally Die for them.
It is unbeleivable that Marty Atencio went to Iraq to Defend our Nation only to be killed in his Homeland by Arpaio's "Goons" especially since he had committed "No Crime"!.
To: Justice? Why is there no investigation of this Beating/Taser killing?