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Tuesday, November 26, 2013

Woman sues officer who repeatedly applied mace to her genitals

The title of this post comes from this Raw Story article reporting that a New Mexico corrections officer used cruel and unusual punishment when she allegedly sprayed mace on an arrestee's genitals. Here's the story:

Last week, the American Civil Liberties Union of New Mexico filed a federal lawsuit on behalf of Marlene Tapia against Blanca Zapater, the corrections officer that Tapia alleges subjected her to cruel and unusual punishment while violating her right to due process.

According to the suit, on November 22, 2011, Zapater was arrested on a suspected parole violation. During a routine strip search, Zapater and another corrections officer “observed a plastic baggie protruding from Ms. Tapia’s vagina.”

Instead of asking her to remove the package, Zapater allegedly “sprayed a chemical agent directly on Ms. Tapia’s genitals twice,” despite the fact that “Ms. Tapia was not using or attempting to use any force against the corrections officers.”

The suit claims that this spraying “served no purpose other than to punish” and “would not cause the baggie to become dislodged.” The effects of the application of this chemical agent lasted for several weeks and included “burning, swollen genitals, painful urination, and pain and burning on Ms. Tapia’s face.”

The ACLU is seeking punitive damages, to be determined by a jury, for these alleged violations of Tapia’s Eighth and Fourteenth Amendment rights.

(h/t Jonathan Turley)

http://lawprofessors.typepad.com/civil_rights/2013/11/woman-sues-officer-who-repeatedly-applied-mace-to-her-genitals.html

14th Amendment, Civil Rights Litigation, Prisons and Prisoners | Permalink

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