[Baraka] filed a federal lawsuit on Tuesday against Alina Habba, the interim U.S. attorney for New Jersey, that argues that his arrest was motivated by political malice, not justice. The lawsuit also names Ricky Patel, a supervising agent with Homeland Security Investigations who led the arrest of Mr. Baraka on May 9 outside a 1,000-bed detention center near Newark Liberty International Airport that has become a flashpoint in President Trump’s immigration crackdown.
Alina Habba is sued in her personal capacity. If damages are awarded, she is likely to pay out of her own pocket. Facts and evidence discovered during this litigation may also be relevant to her continuing to hold a law license.
The mayor was invited inside the fence line by a federal agent. When the feds changed their mind, he agreed to leave. That’s not trespassing.
I mean, malicious prosecution does not preclude Habba from the immunity her office affords her. Is there something would allow for this? Prosecutors and judges have damn near absolute immunity in how they direct their actions in office.
The short answer is that prosecutors do not have absolute immunity when conducting investigative and maybe administrative functions outside the courtroom.
I haven’t read the mayor’s complaint and how he pleads this.
hmm, I hope there is something that will be considered acting outside of her offices capacity. Though I just don’t have much hope for that.
From the article:
Baraka’s civil suit, which accuses federal authorities of false arrest and malicious prosecution, also accuses Habba of defamation
The suit against her personally is for defamation due to her false public statements about his behavior.
From the linked document:
Alina Habba […] in this matter acted as a political operative, outside of any function intimately related to the judicial process, and in her individual personal capacity.
So will refusing to adhere to ABA standards by the current administration help or hurt her career?
