Newark Mayor Ras Baraka is suing New Jersey’s top federal prosecutor and a Homeland Security official for malicious prosecution and defamation following his arrest outside a migrant detention center last month.
Baraka, a Democratic candidate for governor, announced Tuesday morning that he is suing interim U.S. Attorney for New Jersey Alina Habba and Homeland Security Investigations agent Ricky Patel, the agent who arrested Baraka. The lawsuit comes after trespassing charges against Baraka were dismissed last month and after federal magistrate judge Andre Espinosa reprimanded prosecutors for more than five minutes, calling the retraction of the charges “embarrassing.”
Baraka had visited Delaney Hall, a 1,100-bed facility in the East Ward of Newark that began housing immigrant detainees at the beginning of this month, with three members of Congress for an oversight visit. Baraka has argued that Delaney Hall is operating illegally; the city of Newark is suing GEO Group, the private-prison company that operates Delaney Hall, alleging the company hasn’t obtained the necessary certificates to open the building. That lawsuit is ongoing.
Since his arrest, the mayor has maintained that the charges against him were politically motivated and baseless. He released video footage last month that showed Delaney Hall officials allowing the mayor into the gates of the facility. The mayor said he left the center when asked minutes later, and photographs from the Jersey Vindicator appear to confirm that timeline. The arrest of Baraka, who is running to succeed term-limited Gov. Phil Murphy, garnered headlines from across the country.
With the prosecution now over, Baraka said Habba and Patel must apologize. The 17-page lawsuit argues the pair acted outside of their legal authority to target and arrest him. The lawsuit alleges the officials violated Baraka’s Fourth Amendment rights and committed defamation, malicious prosecution, and false arrest.
“Because they’re representatives of this government, the government too should be responsible for their behavior,” Baraka said during a Tuesday press conference. “And I think that is important for me, for my family, both of my children, people who are here in the city of Newark who saw what was going on, and people around the country who saw what was going on at the same time. I think that they should be held responsible for those things.”
In a social media post before the lawsuit was officially announced, Habba said the lawsuit was unnecessary.
“My advice to the mayor – feel free to join me in prioritizing violent crime and public safety,” she wrote. “Far better use of time for the great citizens of New Jersey.”
In his lawsuit, Baraka asked for compensatory and punitive damages. Nancy Erika Smith of the Smith Mullin law firm is representing Baraka, and the case was filed in federal court Tuesday morning.
Assault charges against Rep. LaMonica McIver (D-Newark), which stem from a scuffle that occurred during Baraka’s arrest, are still standing.
Habba has promised to politicize the role as the top federal prosecutor in New Jersey, saying she wanted to help Republicans win elections in the state. After Habba asked Judge Espinosa to dismiss the charges against Baraka, the judge reprimanded prosecutors, saying their role was to uphold the law, not politicize the courts.
“Federal prosecutors serve a single paramount client: justice itself,” Espinosa said. “Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas. Your allegiance is to the impartial application of the law, to the pursuit of truth, and to the upholding of due process for all.”
This story is developing and will be updated.
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