Newark Mayor Ras Baraka filed a lawsuit against interim U.S. Attorney for the District of New Jersey Alina Habba on Tuesday, accusing her of malicious prosecution over his arrest outside a U.S. Immigration and Customs Enforcement detention facility last month.
The suit seeks compensatory and punitive damages and is against Habba and the Department of Homeland Security special agent who Baraka claims unlawfully took him into custody on May 9 at Delaney Hall, where he was joined by three members of Congress for what they said they intended to be an inspection of conditions at the detention facility.
Baraka accuses Habba and Assistant Homeland Security Secretary for Public Affairs Tricia McLaughlin of seeking to politicize his arrest by promoting a “false and defamatory narrative” about the events that led to him being taken into custody.
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While Habba and McLaughlin accused Baraka of attempting to “storm” the facility, his lawsuit noted he was actually invited onto the property by an agent of the GEO Group, a private prison operator that runs Delaney Hall, and was only placed under arrest after he had exited the gates when instructed.
“The false Affidavit was made with malice, particularly seeking to assure that the evening news included videos of the Black Mayor of Newark, New Jersey being led away in handcuffs by federal officials,” the lawsuit said.
The lawsuit also takes issue with what it describes as the unusual treatment of Baraka following his arrest. It said he was kept in custody for over five hours before making a first appearance before a judge, whereas typically people are given a summons after being charged with the petty offense of trespassing.
Habba’s office moved to dismiss its case against Baraka, though prosecutors in a May 21 hearing were admonished by the federal judge assigned to Baraka’s case who said the charges against him appeared to be rushed and based on politics.
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“The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your office,” Magistrate Judge Andre Espinosa said. “The apparent rush in this case, culminating today in the embarrassing retraction of charges, suggests a failure to adequately investigate, to carefully gather facts and to thoughtfully consider the implications of your actions before wielding your immense power.”
Habba posted on X Monday night in response to a report on Baraka’s planned lawsuit, writing, “My advice to the mayor – feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey.”
Federal prosecutors have separately charged Rep. LaMonica McIver, D-N.J., for allegedly assaulting agents outside the Delaney Hall facility. McIver has said she plans to plead not guilty and vigorously disputes the charges.
