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  • Gothamist

    NJ woman mistakenly jailed for 2 weeks can’t sue U.S. marshals

    By Matt Katz,

    9 days ago
    https://img.particlenews.com/image.php?url=2vxUVv_0vGp1Uh500
    A federal judge ruled that qualified immunity protects U.S. marshals who arrested the wrong woman.

    A New Jersey woman who spent two weeks in jail in 2019 in a case of mistaken identity cannot sue the U.S. marshals who arrested her, a federal appellate court panel has ruled.

    Even though the officers arrested the wrong Judith Maureen Henry — and sent her to the Essex County jail in Newark before she was finally released — the 3rd Circuit Court of Appeals overturned a lower court ruling to say that the officers' actions were constitutionally valid because they were executing a lawful warrant. Therefore, the judges said, the marshals are entitled to the legal protection of qualified immunity, which shields officers from actions taken in the course of enforcing the law.

    The judges also rejected the claims by Henry, who is Black, that bias against her race and lower-economic status led to her arrest. Writing for the court, Judge Thomas L. Ambro said: “But we need not accept this bare conclusion, and she offers no other allegations to support it.”

    The woman whom the authorities were actually looking for had absconded from parole in Pennsylvania 26 years earlier, prompting the warrant for her arrest.

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    Comments / 11
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    John Ware
    7d ago
    well,federal judge said its OK for the state police olice of New Jersey the new nazis yo yap my land and cell; block my transmission cell and land; jam my internet, threaten my life , arrest me saying I arrest tge nazi state police of NJ so my advice to the woman go international because the United statevis the number one racist in the world also see if you can. it the US Marshall budget,cut their retirement: within the law f them like they F you ! so next time they will not make a mistake!
    CromleyLuxRE Corperation
    7d ago
    I would appeal this ruling. You cannot make an arrest if the wrong person and that’s okay. She has the right to travel freely and if they made a mistake then they most certainly should pay her damages just like a person wrongly convicted of a crime. This isn’t okay to say she cannot sue. This needs to go the the Supreme Court and at least the attorney general
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