Deaths in Custody
Died in jail or a lockup

Earnest "Marty" Atencio

44 years old · died December 20, 2011 · Maricopa County 4th Avenue Jail, Maricopa County, Arizona

Earnest "Marty" Atencio, 44, came from a family with several generations of military service, and he was an Army veteran who had been diagnosed with schizoaffective disorder; he is survived by his parents and three sons. He died in December 2011 after being held at the Fourth Avenue Jail in Phoenix, Arizona. According to papers filed by his family's attorneys, officers beat him, used a Taser on him, and carried him to a cell where he was left face down and naked; staff restarted his heart, but he never regained consciousness, and his family later ended life support. A lawsuit by survivors against former Sheriff Joe Arpaio, Maricopa County and nine detention officers alleges that officers taunted and beat him, and in 2017 the Ninth Circuit allowed claims against most of the officers to proceed, finding a jury could conclude some of the force was unreasonable, while granting immunity to two defendants.

Cause of death, as reported: Killed by staff (disputed; neglect alleged). Family's attorneys and the ACLU say officers at the Fourth Avenue Jail beat, Tasered and left him face down and naked in a safe cell, and the lawsuit against Sheriff Joe Arpaio and nine detention officers says officers taunted and beat him; the lawsuit also alleges staff failed to get him timely medical care.

Reported by: family's attorneys (lawsuit papers) (family or their lawyers); ACLU (advocates); Ninth Circuit Court of Appeals (court).

Lawsuit: His family sued Arpaio, Maricopa County and nine detention officers over his death, and the Ninth Circuit in 2017 let claims against most of the officers proceed while granting immunity to two defendants.

News reports (2)