June 5, 2025

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Newark mayor sues interim US attorney for false arrest, malicious prosecution

Newark mayor sues interim US attorney for false arrest, malicious prosecution

Newark Mayor and Democratic gubernatorial hopeful Ras Baraka filed a lawsuit Tuesday against interim U.S. Attorney for New Jersey, Alina Habba, accusing her of false arrest and malicious prosecution in connection with his May 9 arrest and charges outside a federal immigration center.

The lawsuit, filed in the U.S. District Court in New Jersey, accuses Habba of acting politically in Baraka’s May 9 arrest outside the Delaney Hall detention center, near Newark Liberty International Airport. Baraka was arrested during a protest outside the facility, after being accused of trespassing and ignoring warnings from law enforcement officials to leave. He was held in custody for several hours before being released. 

The U.S. attorney’s office said last month it would drop the charges against Baraka “for the sake of moving forward.”

The civil lawsuit filed by Baraka seeks damages for what his lawyers  described as his “false arrest and malicious prosecution,” as well as the allegedly defamatory remarks Habba made about his case, including on social media. The lawsuit includes screenshots of Habba’s social media posts in question.

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Baraka was briefly charged with criminal trespassing last month outside the Delaney Hall federal immigration detention center, a 1,000-bed facility near Newark, New Jersey. 

Habba claimed he “ignored multiple warnings” from her ICE detention center— a contention he disputed. 

“After they finally told us to leave, and I told them I was leaving, they came outside the gate and arrested me,” he previously said in an interview on MSNBC. “So it looked like it was targeted.”

The charges against Baraka were quickly dropped.

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In the lawsuit, Baraka’s lawyers accused Habba of acting as “a political operative, outside of any function intimately related to the judicial process, and in her individual personal capacity.”

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It also accuses her of green-lighting the arrest despite “clear evidence that Mayor Baraka had not committed the petty offense of ‘defiant trespass.’” Also named as a defendant in the case is Ricky Patel, a DHS Investigations agent in charge in Newark.

The news comes as Baraka, a prominent progressive figure, continues his ongoing gubernatorial campaign ahead of the June 10 Democratic primary. 

This is a developing news story. Check back for updates.

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