Last week, the American Civil Liberties Union of New Mexico filed a federal lawsuit on behalf of Marlene Tapia against Blanca Zapater, the corrections officer that Tapia alleges subjected her to cruel and unusual punishment while violating her right to due process.
According to the suit, on November 22, 2011, Zapater was arrested on a suspected parole violation. During a routine strip search, Zapater and another corrections officer “observed a plastic baggie protruding from Ms. Tapia’s vagina.”
Instead of asking her to remove the package, Zapater allegedly “sprayed a chemical agent directly on Ms. Tapia’s genitals twice,” despite the fact that “Ms. Tapia was not using or attempting to use any force against the corrections officers.”
The suit claims that this spraying “served no purpose other than to punish” and “would not cause the baggie to become dislodged.” The effects of the application of this chemical agent lasted for several weeks and included “burning, swollen genitals, painful urination, and pain and burning on Ms. Tapia’s face.”
The ACLU is seeking punitive damages, to be determined by a jury, for these alleged violations of Tapia’s Eighth and Fourteenth Amendment rights.
Read the entire text of the ACLU’s complaint below.
Scott Eric Kaufman is the proprietor of the AV Club's Internet Film School and, in addition to Raw Story, also writes for Lawyers, Guns & Money. He earned a Ph.D. in English Literature from the University of California, Irvine in 2008.
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