STINSON MORRISON - WorldNow

13
STINSON MORRISON HECKER - - LLP -- Michael C Manning 602.212.8503 DIRECT 602.586.5240 DIRECT FAX [email protected] June 8, 2012 Sheriff Joseph Arpaio Fran McCarroll, Clerk MARICOPA COUNTY SHERIFF'S OFFICE MARICOPA COUNTY BOARD OF SUPERVISORS 100 W. Washington Street, Suite 1900 301 W. Jefferson Street, 10 th Floor Phoenix, AZ 85003 Phoenix, AZ 85003 Thomas J. Tegeler, Director Maricopa County Correctional Health Services MARICOPA COUNTY CORRECT/ONAL Employees: Ian Cranmer, Monica Scarpati HEALTH SERVICES 234 N . Central Ave., Suite 5000 234 N. Central Ave., Suite 5000 Phoenix, AZ 85004 Phoenix, AZ 85004 Maricopa County Sheriff's Office Former Maricopa County Correctional Health Employees: Jaime Carrasco, Adrian Services Employee: Bill McLean Dominguez, Christopher Foster, (residential address redacted) Anthony Hatton, Craig Kaiser, Anthony Scheffner, Jose Vazquez, Jason Weiers, Arnie Williams 100 W. Washington Street, Suite 1900 Phoenix, AZ 85003 Re: NOTICE OF CLAIM - Death of Ernest M. Atencio One day before the Civil Rights Division of the United States Department of Justice filed a lawsuit against Sheriff Arpaio and his Maricopa County Sheriff's Office ("MCSO"), our Sheriff issued an 18 page glossy PR piece entitled "Integrity, Accountability, Community." He included a press statement proclaiming: "We at the Maricopa County Sheriff's Office do not foster a 'culture of cruelty.'"I All but his most I The Sheriff's "culture of cruelty" in our jails was carefully crafted over his years. While his design was obviously inhumane, ignoble, and unconstitutional, he knew it made for effective electioneering and plenty of press pandering. Early in his tirst term as Sheriff, he authored a Newsletter and press statements which announced to his DOs that he wanted to be America's "meanest Sheriff" and for his jails to be "very bad jails" and "places of punishment." Roundup Newsletter, Jan. 1995 p. 4; Arizona Daily Star, March 19, 1995 p. 1.B; Philadelphia Enquirer Magazine, June 18, 1995 p. 2 J; Sheriff Arpaio Trial Testimony, May 2, 2007 p. 2. Sheriff Arpaio frequently boasted that he spent more to feed and air- condition his dogs than he did on pre-trial detainees. Then, over the following years, dozens of DOs who wrongfully injured or killed vulnerable detainees were not disciplined or tired - they were actually promoted! The combination of his " very bad jail" pronouncements, his public chortles about inflicting stinson.com 1850 N. Central Avenue. Suite 2100 Phoenix, AZ 85004-4584 602.279.1600 MAIN Kansas City I SI. Louis I Jefferson Cily I Overland Park I Wichila I Omaha I Washington D.C. I Phoenix 602 .240 .6925 FAX

Transcript of STINSON MORRISON - WorldNow

STINSON MORRISON

HECKER - - LLP -shy

Michael C Manning

6022128503 DIRECT

6025865240 DIRECT FAX

mmanningstinsoncom

June 8 2012

Sheriff Joseph Arpaio Fran McCarroll Clerk MARICOPA COUNTY SHERIFFS OFFICE MARICOPA COUNTY BOARD OF SUPERVISORS

100 W Washington Street Suite 1900 301 W Jefferson Street 10 th Floor Phoenix AZ 85003 Phoenix AZ 85003

Thomas J Tegeler Director Maricopa County Correctional Health Services MARICOPA COUNTY CORRECTONAL Employees Ian Cranmer Monica Scarpati HEALTH SERVICES 234 N Central Ave Suite 5000 234 N Central Ave Suite 5000 Phoenix AZ 85004 Phoenix AZ 85004

Maricopa County Sheriffs Office Former Maricopa County Correctional Health Employees Jaime Carrasco Adrian Services Employee Bill McLean Dominguez Christopher Foster (residential address redacted) Anthony Hatton Craig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers Arnie Williams 100 W Washington Street Suite 1900 Phoenix AZ 85003

Re NOTICE OF CLAIM - Death of Ernest M Atencio

One day before the Civil Rights Division of the United States Department of Justice filed a lawsuit against Sheriff Arpaio and his Maricopa County Sheriffs Office (MCSO) our Sheriff issued an 18 page glossy PR piece entitled Integrity Accountability Community He included a press statement proclaiming We at the Maricopa County Sheriffs Office do not foster a culture of crueltyI All but his most

I The Sheriffs culture of cruelty in our jails was carefully crafted over his years While his design was obviously inhumane ignoble and unconstitutional he knew it made for effective electioneering and plenty of press pandering Early in his tirst term as Sheriff he authored a Newsletter and press statements which announced to his DOs that he wanted to be Americas meanest Sheriff and for his jails to be very bad jails and places of punishment Roundup Newsletter Jan 1995 p 4 Arizona Daily Star March 19 1995 p 1B Philadelphia Enquirer Magazine June 18 1995 p 2 J Sheriff Arpaio Trial Testimony May 2 2007 p 2 Sheriff Arpaio frequently boasted that he spent more to feed and airshycondition his dogs than he did on pre-trial detainees Then over the following years dozens of DOs who wrongfully injured or killed vulnerable detainees were not disciplined or tired - they were actually promoted The combination of his very bad jail pronouncements his public chortles about inflicting

stinsoncom

1850 N Central Avenue Suite 2100 Phoenix AZ 85004-4584 6022791600 MAIN

Kansas City I SI Louis I Jefferson Cily I Overland Park IWichila I Omaha IWashington DC I Phoenix 6022406925 FAX

June 8 2012Page 2

DB040832418000263083722 CR09

ardent acolytes dismissed this as a Faustian farce Given the gruesome and expensivehistory of gratuitous assaults on and deaths of vulnerable detainees by MCSO DetentionOfficers (ldquoDOsrdquo) over the past 15 years the press release was obviously aspirational atbest and not a reflection of our Sheriffrsquos deliberate and historical fosterings

Naturally the MCSOrsquos PR release ignored any mention of the MCSO culturewhich only six months earlier presaged the tortuous death of Ernest Marty Atencio(ldquoMartyrdquo) a medically vulnerable Veteran Father son and brother

Martyrsquos encounter with law enforcement did not start out as lethal In factMarty was arrested by two caring compassionate and professional Phoenix PoliceDepartment Officers While he was medically impaired he was not violent combativeor resistive The Officers did not think Marty was drunk or high on illicit drugs TheOfficers believed he was medicallymentally impaired and they expected Marty wouldbe booked into jail and that the MCSO would get Marty the medical help he soobviously needed

But once in MCSOrsquos jail ldquomatrixrdquo Martyrsquos odds of getting professionaldetention treatment and basic medical help were quite slim He had too much workingagainst him he was medically impaired he was brought in during the graveyard shifthe was Latino he was confused and he asked the DOs not to laugh at him In shortMarty was too vulnerable Almost immediately the Sheriffrsquos DOs mocked Martylaughed at him bullied him and made Marty clown for them Once their humiliationand sport with Marty ended he was uncuffed the DOs beat Marty electrocuted him toonear his heart with their Taser gun he was stripped naked then the DOs beat him a littlemore until he died in their ldquoSafe Cellrdquo Once the jailersrsquo riot was over Marty drew hislast breath as the DOs laughed and danced just outside the door of Martyrsquos ldquoSafe Cellrdquo

The Sheriffrsquos glossy 18 page PR piece featured color pictures of MCSO staffposing with caring smiles and the assuring words ldquoIntegrity AccountabilityCommunityrdquo adorned each pleasing page In stark contrast to the pure fiction promotedin the Sheriffrsquos PR piece are the real-life pictures shown below which establish the uglyreality of Martyrsquos unprovoked tortuoushorrific treatment and death at the hands ofjovial DOs who were sure they were advancing the ldquovery bad jailrdquo culture theirtoughest and meanest Sheriff coveted ndash DO promotions may soon ensue

This letter constitutes a Notice of Claim by The Estate of Ernest M AtencioMartyrsquos parents Ernest Joseph (ldquoJoerdquo) and Rosemary and Martyrsquos three sons JoshJoseph and Marty Their claims arise from the fatal injuries inflicted upon Marty bythese DOs and from the gross negligence and failure to provide medical care bymembers of Maricopa Countyrsquos Correctional Health Services (ldquoCHSrdquo) who evaluatedMarty both before and after he was mocked teased beaten stripped and electrocuted

discomfort on detainees while pampering his dogs and these promotions of DOs responsible for wrongfuldeaths was sure to create the culture he needed to heat the air that would inflate his ldquoToughest Sheriff inAmericardquo balloon

June 8 2012Page 3

DB040832418000263083722 CR09

The facts presented in this Notice of Claim are derived primarily frominterviews taken by members of the MCSOrsquos General Investigations Division Despitea Public Records Request issued pursuant to ARS sect 39ndash121 et seq Maricopa Countyhas not released all of the records in its possession related to Martyrsquos lethal experiencewith County employees2 If additional records are received they will likely providegreater detail about the claims made herein and may reveal wrongdoing of additionalCounty employees who are currently unidentified but may have been involved in theacts which are the subject of this claim Upon the discovery of such information thisNotice of Claim may be amended to put the County on notice of such additional claims

County Employees Recognized Marty Was A Vulnerable Veteran And ExploitedHim For Sport And For Their Own Amusement

Marty was a Veteran of the United States Army His family has a proud historyof service in the United States military Martyrsquos son Joshua is currently serving in theNational Guard Martyrsquos Father Joe his Uncles Samuel and Earl and his Great UncleSteve all served in the Army during the Vietnam War Martyrsquos Great Uncle Ismaeldied serving his country in the Korean war Martyrsquos Grandfather Joe and Great UnclesBen and Albert served in the Army during World War II Albert was killed in action inWorld War II

Unfortunately after his discharge from service Marty was diagnosed withschizoaffective disorder3 While he was generally able to control his outwardsymptoms with medication he was unable to do so on December 16 2011 On thatday MCSO DOs recognized Martyrsquos illness and his vulnerability In interviews theystated

ldquoI assume[d] [he] was a yahoordquo4

ldquoHersquos like deliriously talking about nothing that makes sense It wouldbe like if I was like sitting there going rabbit ears ahhh Tony the TigerJust crazinessrdquo5

ldquo[H]e he was like talking to just crazy stuffrdquo6

ldquoHersquos banging on the thing and shouting out yahooooooo and we wersquorekind of just like this guy is out of his mind off his rocker rdquo7

2 The Atencio family have already had to file one Special Action in Superior Court as a result of theCountyrsquos failure to comply with Arizona public records law in connection with this claim The Countyavoided sanctions and settled that matter by turning over the requested records and paying the familyrsquosattorneysrsquo fees3 Report of Autopsy May 30 2011 p34 Interview of Blas Gabriel December 16 2011 p 35 Interview of Dawn Kocur December 16 2011 p 36 Id7 Id

June 8 2012Page 4

DB040832418000263083722 CR09

ldquoI asked what his dealings was and Phoenix was telling me that he wastalking about some peanut butter on the floor and some jacket that hethrew or something like that and uh he was acting really I donrsquot knowwhat the word is I guess crazyrdquo8

ldquoWell I thought he was uh uh he had mental problems like crazy youknow like something like that thatrsquos what I thoughtrdquo9

ldquoAnd hmm he was talking there and hmm he kept yelling out the doorsdonrsquot laugh donrsquot laughrdquo10

ldquoActually I kind of followed this guy through the process He kind ofhad some trouble throughout the ordealrdquo11

ldquoHis behavior was really erraticrdquo12

ldquo[H]e just appeared psychoticrdquo13

Upon entering the jail Marty was ldquoassessedrdquo by CHS employee MonicaScarpati who told investigators that she was a ldquomental health professionalrdquo14 as well asRegistered Nurse Bill McLean According to Ms Scarpati she had a ldquovery briefrdquointeraction with Marty in which she recognized he ldquoappeared psychoticrdquo based on hisldquoword saladrdquo15 She admitted that she did not complete a full assessment of Marty andsent him to an isolation cell16 Ms Scarpati and RN McLean fell below the applicablestandard of care by in RN McLeanrsquos words ldquoaccept[ing]rdquo Marty into the jail and notdoing anything to make sure that Marty got the immediate medical attention that he soobviously needed and deserved17

Recognizing Martyrsquos vulnerability the DOs made the most of their opportunityto make fun of him and bully Marty After Marty was brought into the jail his MugShot was taken One person described this process as follows

While Marty was having his mug shot taken the guards were tauntinghim telling him to ldquoturn leftrdquo ldquoturn rightrdquo and making fun of Martyrsquosinability to follow instructions As the guards made fun of Marty theyencouraged him to make funny faces and the photographer a femaledetention officer kept saying ldquoletrsquos make this one the Mug Shot of the

8 Interview of Anthony Scheffner December 16 2012 p 59 Interview of Jose Vazquez December 16 2011 p 1810 Interview of Vanessa Turner December 2011 p 211 Interview of Jason Weiers December 16 2011 p 112 Interview of Kendric Williams December 16 2011 p 313 Interview of Monica Scarpati December 17 2011 p 314 Id15 Id16 Id17 Interview of William McLean December 17 2011

June 8 2012Page 5

DB040832418000263083722 CR09

weekrdquo After they took his Mug Shot the detention officers broughtMarty back to the holding tank18

An MCSO Lieutenant stated in an interview that the process of taking Martyrsquosphoto was ldquoah you know its kinda comicalrdquo19

Indeed the DOs got their comical and humiliating picture of Marty and MCSOpress flacks ensured that his humiliation was republished throughout the country byboth print and electronic media In stark contrast to the photographs of Marty that theAtencio family cherishes such as these

the family is routinely reminded of the Mug Shot released by the County which appearsroutinely in the media

18 Affidavit of Mathew S Layman January 24 201219 Interview of Craig Kaiser December 16 2011 p 12

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 2

DB040832418000263083722 CR09

ardent acolytes dismissed this as a Faustian farce Given the gruesome and expensivehistory of gratuitous assaults on and deaths of vulnerable detainees by MCSO DetentionOfficers (ldquoDOsrdquo) over the past 15 years the press release was obviously aspirational atbest and not a reflection of our Sheriffrsquos deliberate and historical fosterings

Naturally the MCSOrsquos PR release ignored any mention of the MCSO culturewhich only six months earlier presaged the tortuous death of Ernest Marty Atencio(ldquoMartyrdquo) a medically vulnerable Veteran Father son and brother

Martyrsquos encounter with law enforcement did not start out as lethal In factMarty was arrested by two caring compassionate and professional Phoenix PoliceDepartment Officers While he was medically impaired he was not violent combativeor resistive The Officers did not think Marty was drunk or high on illicit drugs TheOfficers believed he was medicallymentally impaired and they expected Marty wouldbe booked into jail and that the MCSO would get Marty the medical help he soobviously needed

But once in MCSOrsquos jail ldquomatrixrdquo Martyrsquos odds of getting professionaldetention treatment and basic medical help were quite slim He had too much workingagainst him he was medically impaired he was brought in during the graveyard shifthe was Latino he was confused and he asked the DOs not to laugh at him In shortMarty was too vulnerable Almost immediately the Sheriffrsquos DOs mocked Martylaughed at him bullied him and made Marty clown for them Once their humiliationand sport with Marty ended he was uncuffed the DOs beat Marty electrocuted him toonear his heart with their Taser gun he was stripped naked then the DOs beat him a littlemore until he died in their ldquoSafe Cellrdquo Once the jailersrsquo riot was over Marty drew hislast breath as the DOs laughed and danced just outside the door of Martyrsquos ldquoSafe Cellrdquo

The Sheriffrsquos glossy 18 page PR piece featured color pictures of MCSO staffposing with caring smiles and the assuring words ldquoIntegrity AccountabilityCommunityrdquo adorned each pleasing page In stark contrast to the pure fiction promotedin the Sheriffrsquos PR piece are the real-life pictures shown below which establish the uglyreality of Martyrsquos unprovoked tortuoushorrific treatment and death at the hands ofjovial DOs who were sure they were advancing the ldquovery bad jailrdquo culture theirtoughest and meanest Sheriff coveted ndash DO promotions may soon ensue

This letter constitutes a Notice of Claim by The Estate of Ernest M AtencioMartyrsquos parents Ernest Joseph (ldquoJoerdquo) and Rosemary and Martyrsquos three sons JoshJoseph and Marty Their claims arise from the fatal injuries inflicted upon Marty bythese DOs and from the gross negligence and failure to provide medical care bymembers of Maricopa Countyrsquos Correctional Health Services (ldquoCHSrdquo) who evaluatedMarty both before and after he was mocked teased beaten stripped and electrocuted

discomfort on detainees while pampering his dogs and these promotions of DOs responsible for wrongfuldeaths was sure to create the culture he needed to heat the air that would inflate his ldquoToughest Sheriff inAmericardquo balloon

June 8 2012Page 3

DB040832418000263083722 CR09

The facts presented in this Notice of Claim are derived primarily frominterviews taken by members of the MCSOrsquos General Investigations Division Despitea Public Records Request issued pursuant to ARS sect 39ndash121 et seq Maricopa Countyhas not released all of the records in its possession related to Martyrsquos lethal experiencewith County employees2 If additional records are received they will likely providegreater detail about the claims made herein and may reveal wrongdoing of additionalCounty employees who are currently unidentified but may have been involved in theacts which are the subject of this claim Upon the discovery of such information thisNotice of Claim may be amended to put the County on notice of such additional claims

County Employees Recognized Marty Was A Vulnerable Veteran And ExploitedHim For Sport And For Their Own Amusement

Marty was a Veteran of the United States Army His family has a proud historyof service in the United States military Martyrsquos son Joshua is currently serving in theNational Guard Martyrsquos Father Joe his Uncles Samuel and Earl and his Great UncleSteve all served in the Army during the Vietnam War Martyrsquos Great Uncle Ismaeldied serving his country in the Korean war Martyrsquos Grandfather Joe and Great UnclesBen and Albert served in the Army during World War II Albert was killed in action inWorld War II

Unfortunately after his discharge from service Marty was diagnosed withschizoaffective disorder3 While he was generally able to control his outwardsymptoms with medication he was unable to do so on December 16 2011 On thatday MCSO DOs recognized Martyrsquos illness and his vulnerability In interviews theystated

ldquoI assume[d] [he] was a yahoordquo4

ldquoHersquos like deliriously talking about nothing that makes sense It wouldbe like if I was like sitting there going rabbit ears ahhh Tony the TigerJust crazinessrdquo5

ldquo[H]e he was like talking to just crazy stuffrdquo6

ldquoHersquos banging on the thing and shouting out yahooooooo and we wersquorekind of just like this guy is out of his mind off his rocker rdquo7

2 The Atencio family have already had to file one Special Action in Superior Court as a result of theCountyrsquos failure to comply with Arizona public records law in connection with this claim The Countyavoided sanctions and settled that matter by turning over the requested records and paying the familyrsquosattorneysrsquo fees3 Report of Autopsy May 30 2011 p34 Interview of Blas Gabriel December 16 2011 p 35 Interview of Dawn Kocur December 16 2011 p 36 Id7 Id

June 8 2012Page 4

DB040832418000263083722 CR09

ldquoI asked what his dealings was and Phoenix was telling me that he wastalking about some peanut butter on the floor and some jacket that hethrew or something like that and uh he was acting really I donrsquot knowwhat the word is I guess crazyrdquo8

ldquoWell I thought he was uh uh he had mental problems like crazy youknow like something like that thatrsquos what I thoughtrdquo9

ldquoAnd hmm he was talking there and hmm he kept yelling out the doorsdonrsquot laugh donrsquot laughrdquo10

ldquoActually I kind of followed this guy through the process He kind ofhad some trouble throughout the ordealrdquo11

ldquoHis behavior was really erraticrdquo12

ldquo[H]e just appeared psychoticrdquo13

Upon entering the jail Marty was ldquoassessedrdquo by CHS employee MonicaScarpati who told investigators that she was a ldquomental health professionalrdquo14 as well asRegistered Nurse Bill McLean According to Ms Scarpati she had a ldquovery briefrdquointeraction with Marty in which she recognized he ldquoappeared psychoticrdquo based on hisldquoword saladrdquo15 She admitted that she did not complete a full assessment of Marty andsent him to an isolation cell16 Ms Scarpati and RN McLean fell below the applicablestandard of care by in RN McLeanrsquos words ldquoaccept[ing]rdquo Marty into the jail and notdoing anything to make sure that Marty got the immediate medical attention that he soobviously needed and deserved17

Recognizing Martyrsquos vulnerability the DOs made the most of their opportunityto make fun of him and bully Marty After Marty was brought into the jail his MugShot was taken One person described this process as follows

While Marty was having his mug shot taken the guards were tauntinghim telling him to ldquoturn leftrdquo ldquoturn rightrdquo and making fun of Martyrsquosinability to follow instructions As the guards made fun of Marty theyencouraged him to make funny faces and the photographer a femaledetention officer kept saying ldquoletrsquos make this one the Mug Shot of the

8 Interview of Anthony Scheffner December 16 2012 p 59 Interview of Jose Vazquez December 16 2011 p 1810 Interview of Vanessa Turner December 2011 p 211 Interview of Jason Weiers December 16 2011 p 112 Interview of Kendric Williams December 16 2011 p 313 Interview of Monica Scarpati December 17 2011 p 314 Id15 Id16 Id17 Interview of William McLean December 17 2011

June 8 2012Page 5

DB040832418000263083722 CR09

weekrdquo After they took his Mug Shot the detention officers broughtMarty back to the holding tank18

An MCSO Lieutenant stated in an interview that the process of taking Martyrsquosphoto was ldquoah you know its kinda comicalrdquo19

Indeed the DOs got their comical and humiliating picture of Marty and MCSOpress flacks ensured that his humiliation was republished throughout the country byboth print and electronic media In stark contrast to the photographs of Marty that theAtencio family cherishes such as these

the family is routinely reminded of the Mug Shot released by the County which appearsroutinely in the media

18 Affidavit of Mathew S Layman January 24 201219 Interview of Craig Kaiser December 16 2011 p 12

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 3

DB040832418000263083722 CR09

The facts presented in this Notice of Claim are derived primarily frominterviews taken by members of the MCSOrsquos General Investigations Division Despitea Public Records Request issued pursuant to ARS sect 39ndash121 et seq Maricopa Countyhas not released all of the records in its possession related to Martyrsquos lethal experiencewith County employees2 If additional records are received they will likely providegreater detail about the claims made herein and may reveal wrongdoing of additionalCounty employees who are currently unidentified but may have been involved in theacts which are the subject of this claim Upon the discovery of such information thisNotice of Claim may be amended to put the County on notice of such additional claims

County Employees Recognized Marty Was A Vulnerable Veteran And ExploitedHim For Sport And For Their Own Amusement

Marty was a Veteran of the United States Army His family has a proud historyof service in the United States military Martyrsquos son Joshua is currently serving in theNational Guard Martyrsquos Father Joe his Uncles Samuel and Earl and his Great UncleSteve all served in the Army during the Vietnam War Martyrsquos Great Uncle Ismaeldied serving his country in the Korean war Martyrsquos Grandfather Joe and Great UnclesBen and Albert served in the Army during World War II Albert was killed in action inWorld War II

Unfortunately after his discharge from service Marty was diagnosed withschizoaffective disorder3 While he was generally able to control his outwardsymptoms with medication he was unable to do so on December 16 2011 On thatday MCSO DOs recognized Martyrsquos illness and his vulnerability In interviews theystated

ldquoI assume[d] [he] was a yahoordquo4

ldquoHersquos like deliriously talking about nothing that makes sense It wouldbe like if I was like sitting there going rabbit ears ahhh Tony the TigerJust crazinessrdquo5

ldquo[H]e he was like talking to just crazy stuffrdquo6

ldquoHersquos banging on the thing and shouting out yahooooooo and we wersquorekind of just like this guy is out of his mind off his rocker rdquo7

2 The Atencio family have already had to file one Special Action in Superior Court as a result of theCountyrsquos failure to comply with Arizona public records law in connection with this claim The Countyavoided sanctions and settled that matter by turning over the requested records and paying the familyrsquosattorneysrsquo fees3 Report of Autopsy May 30 2011 p34 Interview of Blas Gabriel December 16 2011 p 35 Interview of Dawn Kocur December 16 2011 p 36 Id7 Id

June 8 2012Page 4

DB040832418000263083722 CR09

ldquoI asked what his dealings was and Phoenix was telling me that he wastalking about some peanut butter on the floor and some jacket that hethrew or something like that and uh he was acting really I donrsquot knowwhat the word is I guess crazyrdquo8

ldquoWell I thought he was uh uh he had mental problems like crazy youknow like something like that thatrsquos what I thoughtrdquo9

ldquoAnd hmm he was talking there and hmm he kept yelling out the doorsdonrsquot laugh donrsquot laughrdquo10

ldquoActually I kind of followed this guy through the process He kind ofhad some trouble throughout the ordealrdquo11

ldquoHis behavior was really erraticrdquo12

ldquo[H]e just appeared psychoticrdquo13

Upon entering the jail Marty was ldquoassessedrdquo by CHS employee MonicaScarpati who told investigators that she was a ldquomental health professionalrdquo14 as well asRegistered Nurse Bill McLean According to Ms Scarpati she had a ldquovery briefrdquointeraction with Marty in which she recognized he ldquoappeared psychoticrdquo based on hisldquoword saladrdquo15 She admitted that she did not complete a full assessment of Marty andsent him to an isolation cell16 Ms Scarpati and RN McLean fell below the applicablestandard of care by in RN McLeanrsquos words ldquoaccept[ing]rdquo Marty into the jail and notdoing anything to make sure that Marty got the immediate medical attention that he soobviously needed and deserved17

Recognizing Martyrsquos vulnerability the DOs made the most of their opportunityto make fun of him and bully Marty After Marty was brought into the jail his MugShot was taken One person described this process as follows

While Marty was having his mug shot taken the guards were tauntinghim telling him to ldquoturn leftrdquo ldquoturn rightrdquo and making fun of Martyrsquosinability to follow instructions As the guards made fun of Marty theyencouraged him to make funny faces and the photographer a femaledetention officer kept saying ldquoletrsquos make this one the Mug Shot of the

8 Interview of Anthony Scheffner December 16 2012 p 59 Interview of Jose Vazquez December 16 2011 p 1810 Interview of Vanessa Turner December 2011 p 211 Interview of Jason Weiers December 16 2011 p 112 Interview of Kendric Williams December 16 2011 p 313 Interview of Monica Scarpati December 17 2011 p 314 Id15 Id16 Id17 Interview of William McLean December 17 2011

June 8 2012Page 5

DB040832418000263083722 CR09

weekrdquo After they took his Mug Shot the detention officers broughtMarty back to the holding tank18

An MCSO Lieutenant stated in an interview that the process of taking Martyrsquosphoto was ldquoah you know its kinda comicalrdquo19

Indeed the DOs got their comical and humiliating picture of Marty and MCSOpress flacks ensured that his humiliation was republished throughout the country byboth print and electronic media In stark contrast to the photographs of Marty that theAtencio family cherishes such as these

the family is routinely reminded of the Mug Shot released by the County which appearsroutinely in the media

18 Affidavit of Mathew S Layman January 24 201219 Interview of Craig Kaiser December 16 2011 p 12

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 4

DB040832418000263083722 CR09

ldquoI asked what his dealings was and Phoenix was telling me that he wastalking about some peanut butter on the floor and some jacket that hethrew or something like that and uh he was acting really I donrsquot knowwhat the word is I guess crazyrdquo8

ldquoWell I thought he was uh uh he had mental problems like crazy youknow like something like that thatrsquos what I thoughtrdquo9

ldquoAnd hmm he was talking there and hmm he kept yelling out the doorsdonrsquot laugh donrsquot laughrdquo10

ldquoActually I kind of followed this guy through the process He kind ofhad some trouble throughout the ordealrdquo11

ldquoHis behavior was really erraticrdquo12

ldquo[H]e just appeared psychoticrdquo13

Upon entering the jail Marty was ldquoassessedrdquo by CHS employee MonicaScarpati who told investigators that she was a ldquomental health professionalrdquo14 as well asRegistered Nurse Bill McLean According to Ms Scarpati she had a ldquovery briefrdquointeraction with Marty in which she recognized he ldquoappeared psychoticrdquo based on hisldquoword saladrdquo15 She admitted that she did not complete a full assessment of Marty andsent him to an isolation cell16 Ms Scarpati and RN McLean fell below the applicablestandard of care by in RN McLeanrsquos words ldquoaccept[ing]rdquo Marty into the jail and notdoing anything to make sure that Marty got the immediate medical attention that he soobviously needed and deserved17

Recognizing Martyrsquos vulnerability the DOs made the most of their opportunityto make fun of him and bully Marty After Marty was brought into the jail his MugShot was taken One person described this process as follows

While Marty was having his mug shot taken the guards were tauntinghim telling him to ldquoturn leftrdquo ldquoturn rightrdquo and making fun of Martyrsquosinability to follow instructions As the guards made fun of Marty theyencouraged him to make funny faces and the photographer a femaledetention officer kept saying ldquoletrsquos make this one the Mug Shot of the

8 Interview of Anthony Scheffner December 16 2012 p 59 Interview of Jose Vazquez December 16 2011 p 1810 Interview of Vanessa Turner December 2011 p 211 Interview of Jason Weiers December 16 2011 p 112 Interview of Kendric Williams December 16 2011 p 313 Interview of Monica Scarpati December 17 2011 p 314 Id15 Id16 Id17 Interview of William McLean December 17 2011

June 8 2012Page 5

DB040832418000263083722 CR09

weekrdquo After they took his Mug Shot the detention officers broughtMarty back to the holding tank18

An MCSO Lieutenant stated in an interview that the process of taking Martyrsquosphoto was ldquoah you know its kinda comicalrdquo19

Indeed the DOs got their comical and humiliating picture of Marty and MCSOpress flacks ensured that his humiliation was republished throughout the country byboth print and electronic media In stark contrast to the photographs of Marty that theAtencio family cherishes such as these

the family is routinely reminded of the Mug Shot released by the County which appearsroutinely in the media

18 Affidavit of Mathew S Layman January 24 201219 Interview of Craig Kaiser December 16 2011 p 12

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 5

DB040832418000263083722 CR09

weekrdquo After they took his Mug Shot the detention officers broughtMarty back to the holding tank18

An MCSO Lieutenant stated in an interview that the process of taking Martyrsquosphoto was ldquoah you know its kinda comicalrdquo19

Indeed the DOs got their comical and humiliating picture of Marty and MCSOpress flacks ensured that his humiliation was republished throughout the country byboth print and electronic media In stark contrast to the photographs of Marty that theAtencio family cherishes such as these

the family is routinely reminded of the Mug Shot released by the County which appearsroutinely in the media

18 Affidavit of Mathew S Layman January 24 201219 Interview of Craig Kaiser December 16 2011 p 12

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 6

DB040832418000263083722 CR09

After Mocking Marty ndash County Employees Turned Violent And Deadly

After making Marty mug for his Mug Shot he was brought into a roomidentified by MCSO video recordings as the Linescan Room While in the LinescanRoom Martyrsquos fingerprints were taken Marty was then backed into a corner where hishandcuffs were removed Marty had not been aggressive combative or resistant at anypoint so the MCSO and Phoenix Police personnel felt safe and comfortable enough toremove Martyrsquos handcuffs Both County employees and Phoenix PD Officersconsistently told investigators that despite not making sense Marty was neverthreatening aggressive or combative They stated

ldquoHe got loud but he wasnrsquot being combativerdquo20

ldquo[H]e was being funny nothing serious nothing that I would calluncooperativerdquo21

ldquo[Marty was] making noise whatever talking crazy stuff like not evenlike Irsquom going to kill you like normal people that are angry are likescreaming Irsquom going to kill you he was like talking to just crazystuffrdquo22

ldquo[Marty] wasnrsquot saying anything like I want to kill you like Irsquove heardother people say He was not being like thatrdquo23

ldquoNothing like f-u (laughs) no nothing you could even be like oh thisguy is angryrdquo24

ldquoHersquos a happy guyrdquo25

Nevertheless Marty was suddenly surrounded by no less than nine lawenforcement officers There was no provocation or threat by Marty but it appeared thatthe Officers were pining for a fight

20 Interview of Anthony Hatton December 16 2011 p 1421 Id22 Interview of Dawn Kocur December 16 2011 p 423 Id24 Id25 Id

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 7

DB040832418000263083722 CR09

When asked to take off his shoes which were to be put through a scanner withhis clothes Marty removed his right shoe pursuant to the Officersrsquo instructions Whenasked to remove his left shoe Marty according to the Officers refused to do so26

What happened next was the shocking commencement of the jailersrsquo riot that would killMarty Phoenix PD Officers and MCSO DOs decided to get physical with Marty Onlyafter that assault was started by the Officers and DOs did Marty attempt to physicallydefend himself The jailersrsquo riot that would take the life of this Veteran Father sonand brother was needlessly instigated by the Officers and DOs According to oneSergeant from the MCSO as well as others ldquothe best way to describerdquo what happenednext was that a group of law enforcement officers formed a ldquodog pilerdquo on top ofMarty27 Pictures from the jailrsquos cameras show a mass of individuals assaulting Marty

26 The ldquojustificationrdquo for their assault on Marty is not credible Earlier at the City of Phoenix CentralBooking Station without any difficulty or incident two other caring and professional Phoenix PDOfficers talked Marty into removing both of his shoes27 Interview of Anthony Scheffner December 16 p 13

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 8

DB040832418000263083722 CR09

During the brutality shown above DOs Carrasco Dominguez Foster Kaiserand Vazquez held Marty down while MCSO Sergeant Weiers continuouslyelectrocuted Marty with his Taser too near to Martyrsquos heart One of the witnesses tothis brutality stated ldquoMarty was screaming in pain in a deep voicerdquo28 A woman whotold the witness that she works in a medical office said ldquoif they tase him anymore theyare going to kill himrdquo29 After the tasing stopped the punching began DO Hattonstruck Marty in the face with a closed fist multiple times One DO told investigatorsldquowhen I saw [Hatton] hitting [Marty] 3 or 4 times I patted him on the back like calmdown I think it was just excessiverdquo30 That same DO told investigators that ldquoifHatton ever said that he acted in self-defenserdquo that would be a ldquolierdquo31 Lt Williams a

28 Affidavit of Mathew S Layman January 24 201229 Id30 Interview of Sergio Salinas December 17 2011 pp 1 531 Id

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 9

DB040832418000263083722 CR09

supervisor ldquowandered [in] to check and see what was going onrdquo and ldquosaw a huge pileof bodiesrdquo but did nothing to stop what followed32

Before they left the Linescan Room RN McLean and Physician Assistant IanCranmer evaluated Martyrsquos wounds Rather than recognizing the extreme dangerresulting from the beating and the electrocution too close to Martyrsquos heart they failed tomeet the applicable standard of care and did nothing to ensure that Marty wasmedically stable

After the DOs tortured Marty in the Linescan Room they restrained Marty andcarried him off to their ldquoSafe Cell 4rdquo There the brutality continued While SergeantWeiers looked on DOs Foster Carrasco Vazquez Hatton and Dominguez held Martydown while Hatton went after Marty again This time he struck Marty several timeswith his knee A DO told investigators that Hattonrsquos behavior outraged him so muchthat he ldquoyelled outrdquo Hattonrsquos name with a ldquotone and sternnessrdquo that made it clear toHatton to stop the brutality because he ldquodidnrsquot think that was necessaryrdquo33

The DOs stripped Marty naked and left him to die in their ldquoSafe Cell 4rdquo PACranmer told interviewers that upon the DOsrsquo exit he ldquolooked over into the cell [and]the patient moved his left arm and breathedrdquo34 PA Cranmerrsquos after-the-factjustification for failing to make any effort to assess him simply leaving Marty aloneand not providing him with any medical help is belied by the video of the incidentIndeed when another CHS employee brought to PA Cranmerrsquos attention the fact thatMarty was not breathing he shrugged her off and said ldquoyea he is hersquos just intoxicatedhersquos okay they tased him hersquos alrightrdquo35 It was beyond dispute however that Martywas not intoxicated and he was not ldquoalrightrdquo they just watched as Marty lay dying

While Martyrsquos life was slipping away in their ldquoSafe Cellrdquo MCSO and CHSpersonnel took a moment to joke and laugh about the events that had just transpiredIndeed the jailrsquos surveillance video outside ldquoSafe Cell 4rdquo shows Hatton with a smile onhis face talking to other Officers while two women who are believed to be MsScarpati and Lt Williams dance and bump their butts together and another femaleCHS worker as well as another DO indifferently watch their antics

32 Interview of Amie Williams December 201133 Interview of Blas Gabriel December 16 2011 p 1034 Interview of Ian Cranmer December 16 2011 p335 Interview of Pam Kurczynski December 12 2011 p 1

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 10

DB040832418000263083722 CR09

It was just another festive Christmas Season night in Sheriff Joersquos ldquovery bad jailrdquo

Nine minutes after Marty was left alone in their ldquoSafe Cellrdquo MCSO and CHSemployees found him in cardiac and respiratory arrest Although doctors were able torestart Martyrsquos heart 35 minutes later in an Emergency Rom there is no question thatMarty is yet another victim who needlessly and unnecessarily died in the MCSOrsquos jail

Although Martyrsquos heart was re-started he never regained consciousness but waskept alive for four days When the doctors confirmed that Marty had no brain activityhe was removed from the artificial life support

The Medical Examinerrsquos Attempt To Shield The County From Liability

ARS sect 11-594(A)(2) requires the County Medical Examiner to ldquopromptlymake a full reportrdquo as ldquoto the cause and manner of death following completion of [a]death investigationrdquo Further ARS sect 11-594(A)(6) requires the Countyrsquos MedicalExaminer to ldquo[n]otify the county attorney or other law enforcement authority whendeath is found to be from other than natural causesrdquo On May 31 2012 almost sixmonths after Martyrsquos death and after an investigation that included according to theMedical Examiner the review of ldquo1000+ pages of medical records from the VA and StJosephrsquos Hospitalrdquo the Countyrsquos Medical Examiner issued its Report of Autopsy Thereport concludes that Marty ldquodied of complications of sudden cardiac arrest thatoccurred in the setting of acute psychosis law enforcement subdual and multiplemedical problems It is further my opinion that the manner of death is undeterminedrdquo

The Medical Examinerrsquos report is part science and part defensive double-speakdesigned to deflect and limit the Countyrsquos liability For instance the Report says Martydied of a cardiac arrest ndash the sudden cessation of the pumping function of the heartThis is of course true a sudden cardiac arrest episode eventually causes the death of allhumans But this lethal cardiac arrest episode was obviously caused and induced by

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 11

DB040832418000263083722 CR09

the unprovoked jailersrsquo riot that the Examiner strains to describe so benignly as theDOsrsquo ldquolaw enforcement subdualrdquo36

The next egregious example of the County Medical Examinerrsquos effort to helpdeflect the Countyrsquos liability is his conclusion regarding the ldquomanner of deathrdquo Thereare four ldquomanner of deathrdquo descriptions homicide natural causes suicide andaccidental The notion that Martyrsquos manner of death is ldquoundeterminedrdquo is a farcicalsleight of hand by the County The cardiac arrest was undeniably induced by thejailersrsquo riot (aka ndash ldquolaw enforcement subdualrdquo) so it was obviously a ldquohomiciderdquo iecaused at the hands of other human beings

Marty was physically stable before being attacked (subdued) by lawenforcement And the Medical Examinerrsquos review of Martyrsquos toxicology tests confirmthat there was no trace of any illegal drugs or any alcohol in his body

According to the City of Phoenix Police Department Report

During that first contact with Atencio erratic behavior was notedHowever it appeared to be mental in nature and not due to drugs due tothe fact that he was not exhibiting any symptoms of drug use His eyesappeared normal he was not sweating profusely he was not twitchinghis speech was normal his complexion appeared normal he was able totalk without any trouble He was alert and would respond to questionsHowever [he] would get easily distracted and speak of random and oddthings He showed no signs of being a danger to himself or others hesimply appeared to be not medicated and engaged in very randomconversation37

The Medical Examiner knows exactly how and why Marty died The MedicalExaminer stated himself that it was due to ldquocomplications [associated with] lawenforcement subdualrdquo It does not take a medical degree to understand especially afterwatching the video of the jailersrsquo riot and reading the witness statements that Martydied because law enforcement officers beat and tased him stripped him naked and lefthim to die in their ldquoSafe Cellrdquo

As a final example the Medical Examinerrsquos Office stonewalled the familyrsquosrequest for public records violated public records statutes and had to be sued to forceaccess to those public records38

It became obvious then that the Medical Examinersrsquo Office would play itspartisan role for the County and Sheriff Arpaio in its investigation and its ldquoReportrdquo

36 Of course ldquosubdualrdquo was used in the Report to suggest that Marty was out of control and had to beldquosubduedrdquo The video and the witness statements prove Marty did not start this jailersrsquo riot The Officersstarted it unnecessarily and finished it lethally37 Phoenix Police Department Report 2011-02161806-1 p138 The Examiner avoided sanctions by the Court by paying the familyrsquos attorneys fees

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012Page 12

DB040832418000263083722 CR09

Conclusion

This claim is against those individuals identified above who are responsible forthe excessive use of force that caused Martyrsquos death and those who supervised themincluding Jaime Carrasco Adrian Dominguez Christopher Foster Anthony HattonCraig Kaiser Anthony Scheffner Jose Vazquez Jason Weiers and Amie WilliamsThis claim is also against the CHS employees who did not provide the appropriatemedical care to Marty and as a result were part of the moving force behind Martyrsquosdeath including Ian Cranmer Bill McLean and Monica Scarpati

Maricopa County Sheriff Arpaio and Correctional Health Services DirectorThomas J Tegeler are also the subject of this claim as they are vicariously liable for theactions of their employees as well as directly responsible for their failure to properlyscreen hire train and supervise their employees failure to implement proper policiesprocedures and training in the areas of use of force and treatment of those who sufferfrom mental illness and fostering a culture where their employees are not heldaccountable for their improper treatment of those in their custody care and control

Martyrsquos parents Joe and Rosemary as well as his three sons Josh Joseph andMarty are entitled to monetary damages for the past present and future loss of thelove affection and companionship of their son and Father Each of these claimantsloved and was loved by Marty and each have experienced a loss which isimmeasurable Martyrsquos Estate is entitled to damages in the form of pre-death pain andsuffering loss of life expected earnings and economic damages If this case proceedsto litigation these claimants will be entitled to recover punitive damages from SheriffArpaio and the other individuals identified above as well as their attorneysrsquo fees

ARS sect 12ndash82101 requires the claimants to include in their Notice of Claim aspecific dollar amount for which their claims can be settled That amount is$15000000

In another Notice of Claim we filed in July of 2005 we wrote

The ever increasing record of deaths and serious injuries caused byMCSO jailers and their CHS cohorts has been noticed by the MaricopaCounty Superior Courts the Arizona Court of Appeals the USDepartment of Justice and local and international media Judicialdecisions press reports and significant jury awards and settlements haveput County officials and agencies particularly MCSO on full notice thatthe practices which here caused Deborah [Braillard]rsquos death were notonly unconstitutional and inhumane but deadly The MCSO and otherswithin county government have long been aware of numerous wrongfuldeaths and injuries which have resulted from the culture of cruelty andindifference created and cultivated for the sole purpose of the Sheriffrsquospartisan political pandering and tough-guy sound bites

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09

June 8 2012 Page 13

But these same County officials also know that the Sheriffs tough guy antics and techniques have done little to make our streets any safer Instead they have served only to drain the public coffers and denigrate the image of the Countys criminal justice system both here and abroad

The price for the notoriety that Sheriff Joe brings us is paid for in human life and human suffering The manner in which he runs our jails is an affront to fundamental human dignity and basic constitutional protections While he once could be considered a mildly entertaining caricature of Wild West justice he his tactics his jailers and his jails have now evolved into a deadly expensive and lawless culture which burdens our County endangers the least and most vulnerable among us and degrades us all

Sadly in the seven years that followed nothing has changed The Sheriffs Integrity Accountability and Community puff piece is shameful fiction But the torture and death of Marty Atencio is a shameful and cruel reality

Sincerely

MORRISON HECKER LLP

MCMkk

DB040832418000263083722 CR09