Democratic Newark Mayor Ras Baraka filed a lawsuit Tuesday against Interim U.S. Attorney Alina Habba and a Department of Homeland Security agent over his arrest and dropped charges, after Baraka and other lawmakers were accused of storming a New Jersey DHS facility last month.
Baraka filed the lawsuit in the U.S. District Court for the District of New Jersey, accusing Habba and DHS agent Ricky Patel of false arrest and malicious prosecution. He also accused Habba of defamation in the complaint filed in court.
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The Newark mayor claimed in the lawsuit that he was “falsely arrested without probable cause while peacefully complying with law enforcement orders” and charged with trespassing “without probable cause and with malice.”
Baraka also claimed that Habba defamed him with various comments, including a post on X claiming the Newark mayor “willingly” chose to “disregard the law.” The lawsuit says the post was issued on her personal account, but an identical post was also posted to Habba’s U.S. Attorney X page.
“The Mayor of Newark, Ras Baraka, committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention center in Newark, New Jersey, this afternoon. He has willingly chosen to disregard the law. That will not stand in this state. He has been taken into custody. NO ONE IS ABOVE THE LAW,” Habba said in the post.
The Newark mayor accused Patel of submitting a “false affidavit in support of the charges” despite allegedly being told that Baraka was invited onto the facility’s property.
The trespassing charge was later dropped by Habba, who said she did so “for the sake of moving forward” and invited him to visit the DHS facility where the incident occurred. In the same news release, Habba announced charges against Rep. LaMonica McIver (D-NJ) for allegedly assaulting law enforcement during the skirmish outside the facility on May 9.
Baraka said in the lawsuit that he is seeking punitive damages for the offenses he accuses Habba and Patel of committing against him.
The lawsuit also pointed to U.S. Magistrate Judge Andre M. Espinosa’s comments at the hearing where the charges were dropped against Baraka, when Espinosa described the arrest and subsequent dropped charges as “worrisome.”
“The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrying misstep by your office,” Espinosa said at the May hearing. “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.”
NEW JERSEY JUDGE CHASTISES ALINA HABBA OVER NEWARK MAYOR’S ‘WORRISOME’ ARREST
Habba preemptively responded to the lawsuit when reports emerged about the Newark mayor’s likely legal action Monday evening. The interim U.S. Attorney for the District of New Jersey said in a post on X that Baraka’s time would be better spent focusing on crime.
“‘Shocking’ leak from Mayor Baraka’s team: He is planning to sue the Feds. 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 said in a post on X Monday night.