Newark Mayor Ras Baraka is defending his push to sue acting U.S. Attorney Alina Habba for defamation following his arrest on a federal trespassing charge in May. (Photos by Dana DiFilippo/Gage Skidmore)
Newark Mayor Ras Baraka this week urged a federal court to allow his false arrest and malicious prosecution lawsuit to continue in response to federal prosecutors’ arguments that federal doctrine shields acting U.S. Attorney Alina Habba from the suit.
Prosecutors’ claims that Habba and a Department of Homeland Security investigator also named in the suit are entitled to qualified and absolute immunity is “breathtaking in its presumption that these actions can escape any accountability by the third branch of government,” Yael Bromberg, Baraka’s attorney, wrote to the judge overseeing the case on Tuesday.
“The Defendants are liable for violating constitutional rights,” Bromberg’s letter reads.
Baraka, a Democrat, in June sued Habba and Ricky Patel, the investigator, alleging they violated his constitutional rights after arresting him for trespassing at a Newark immigrant detention facility on May 9, only to drop the charge less than two weeks later, earning admonishment from the federal judge overseeing his case. Baraka said he was at the jail to inspect it with city officials.
Baraka’s attorneys argue the charges were dropped because federal authorities were aware the mayor committed no crime. Patel is seen on police body camera footage taken just prior to Baraka’s arrest...
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