Newark mayor sues N.J. DA over being arrested last month

Yahoo

4 days ago

June 4 (UPI) -- The Democratic mayor of Newark, Ras Baraka, has sued the Republican U.S. district attorney of New Jersey over his arrest last month outside of a prison being transformed into a detention facility to hold migrants arrested in the Trump administration's immigration crackdown.
The lawsuit, announced Tuesday, accuses District Attorney Alina Habba and Special Agent in Charge Ricky Patel of the Newark Division of Homeland Security Investigations of violating Baraka's rights by arresting him without cause, initiating a malicious prosecution and committing defamation.
"They abused their power to violently arrest me at Delaney Hall despite being invited inside," Baraka said in a statement Tuesday.
"No one is above the law."
Baraka was arrested on May 9 outside Delaney Hall, a Newark prison owned by GEO Group, which in February signed a contract with Immigration and Customs Enforcement to house migrants at the 1,000-bed center for 15 years.
Habba accused Baraka of trespassing at the facility and claimed he was arrested after allegedly "ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention center.
"He has willingly chosen to disregard the law," she said on X following Baraka's arrest. "That will not stand in this state."
Habba -- formerly a lawyer for President Donald Trump, who appointed her to her current position in New Jersey -- announced last month she was dropping the charges against Baraka "for the sake of moving forward."
According to the lawsuit, Baraka was at the prison at the invitation of Rep. LaMonica McIver, one of three Democratic New Jersey House representatives visiting Delaney Hall that day to inspect it.
Baraka arrived at Delaney Hall at about 1:42 p.m. EDT and spoke with members of the public protesting the Trump administration's immigration policies.
At 1:50 p.m. a GEO Group guard invited Baraka to enter the inner gate of Delaney Hall, which the mayor did. He waited there for about 40 minutes, apparently for the Democratic lawmakers inside the facility.
According to the lawsuit, Patel confronted Baraka at 2:33 p.m., and told him to leave. Baraka argued he was invited in by the guard, which Patel disputed, the court documents state.
Minutes later, the members of Congress exited the facility after witnessing the confrontation between the two and informed Patel that they had wanted Baraka there.
"After the members of Congress conveyed their thoughts, Defendant Patel threatened to arrest the Mayor," the lawsuit states. "In response, the Mayor said: 'I'm leaving now.'"
Baraka was arrested by about 20 DHS agents, some masked, about 5 minutes after he left the GEO Group property, according to the filing.
"Egged on by Defendant Patel, who ordered the DHS agents to 'take him down' (meaning violently tackle the Mayor of Newark) the agents pushed, shoved and assaulted the Mayor's security team and members of Congress before violently pulling Mayor Baraka's arms and arresting him without probable cause," the lawsuit states.
"The DHS agents handcuffed the Mayor behind his back in an effort to effect maximum humiliation for what Defendant Habba's office later admitted was an alleged 'petty offense.'"
The lawsuit, which is seeking compensatory and punitive damages, also accuses Habba of having a political agenda to forward Trump's immigration policies and to help Republicans in the state.
When Habba told the court she was ending the prosecution of Baraka, federal Judge Andre Espinosa admonished the district attorney.
"The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of the trespassing charges a mere 13 days later, suggests a worrisome misstep by your office," Espinosa said.
"An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence."
On Monday, after learning of Baraka's intention to sue her, Habba retorted: "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."
Habba later last month filed charges of assaulting law enforcement against McIver in connection with Baraka's arrest.
Baraka has voiced solidarity with McIver, and McIver described the charges against her as "purely political."