"They literally moved them to another office. Then we tried to get them from that lawyer, who would not produce them," Winter said.
After an additional court order, the MCSO's counsel then produced the records — barely two weeks before the trial began. Those records were primarily medical.
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Unfortunately, the plaintiff's attorneys did not request the video footage that could have shown exactly what happened to Farias.
During closing arguments on September 4, Winter and Hill both told Judge Wake that the jails are unconstitutional.
"For the most part, violence goes undetected and un-investigated in the jails," Hill said. "The overcrowding promotes a jail culture where inmates have to fend for themselves in order to be protected and held safe."
Hart v. Arpaio has been in process for more than 30 years. The case was formerly named Hart v. Hill, after an inmate named "Hart" who was allegedly mistreated by then-Sheriff Jerry Hill in 1977. Former sheriff Jerry Hill and plaintiff attorney Debra Hill are not related.
Arpaio inherited the lawsuit when he took office in 1992. The terms he agreed to in 1995 resulted from jail conditions under his own watch.
Because only one class-action lawsuit can be filed in federal court against a defendant at any one time, Hart v. Arpaio is the only class-action suit against Arpaio for the class of detainees awaiting trial.