[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.
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.