Latest news with #wrongfularrest
Yahoo
14-06-2025
- Yahoo
Southern California father who is U.S. citizen, arrested during immigration raid, family says
Family members are demanding answers after they say a man who is a U.S. citizen was wrongfully arrested by federal agents during an immigration raid in Montebello. On June 12, surveillance video captured the moment several masked and armed agents surrounded a tow truck business in Montebello. The agents quickly entered the property and began detaining mechanics and other workers at the site. One of the detained men who was later released spoke to KTLA but asked not to be identified out of safety concerns. He said he was violently grabbed and taken by the agents despite being a U.S. citizen. 'He slammed me to the gate,' the man told KTLA's Ellina Abovian. 'He put my hands behind my back. I'm an American citizen. You do not do that to Americans.' Nataly Degante, whose cousin, Javier Ramirez, 32, was arrested in the raid, said that while agents began handcuffing everyone, they reportedly never provided identification or information about why they were there. 'We see in the video that they don't come with a warrant,' she said. 'They don't have any documentation in their hands.' Degante said her cousin is a U.S. citizen and a single father of two young children. She described him as a hard worker with no criminal record. Video of the raid shows some workers being moved to the ground as agents quickly handcuffed them. Ramirez is also seen on the video yelling to the agents that he's a citizen. 'He's telling them he is a U.S. citizen and he's letting them know, 'My passport is in my pocket,'' Degante said. However, Ramirez was handcuffed and taken into custody. His brother tried following Ramirez's location through his cell phone's tracking app, but the signal was eventually lost. His family has not heard from him since. 'We haven't heard anything about him,' said Abimael Dominguez, his brother. 'He's diabetic. I don't even know if he has insulin yet or has he eaten? We don't know anything. ' It remains unclear whether the agents were with U.S. Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS). Some of the agents appeared to be wearing uniforms with a Border Patrol insignia. 'I voted, but not for this,' said the man who was detained and later released. 'I'm an American citizen. I want the best for all of us. I feel like there is due process that we must follow.' 'They're not only taking criminals, they are taking our community,' Degante said. As of Friday afternoon, Homeland Security has not responded to KTLA's request for comment about why Ramirez was detained or whether he was wanted for any crimes. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Daily Mail
11-06-2025
- Daily Mail
Innocent Arizona grandmother arrested and hauled away to jail while gardening after being mistaken for fugitive
An innocent Arizona grandmother wrongfully arrested by US Marshals is suing the government after she was bundled into the back of an unmarked car while gardening. Penny McCarthy, 67, had been working in her front yard last March when six agents approached her with their guns drawn and arrested her. The 67-year-old had been misidentified by the authorities as a 'Carole Rozak' and despite her desperate pleas she was taken in. In a federal lawsuit filed June 10, McCarthy says she spent the next 24 hours in their custody as she begged with agents they had the wrong person. According to the filing, McCarthy said she was fingerprinted and had her DNA taken before she was bused to a federal detention center in Florence. McCarthy said in the filing that over the course of those 24 hours she was strip searched three times. During a press conference in which she recalling the incident McCarthy started to cry and described to reporters how she is a survivor of domestic child abuse. She said: 'I have to be strip searched by one woman for something I didn't do, and then I'm told I'm going to be detained.' She filed her suit under the Fourth Amendment which protects citizens from unreasonable false arrests. The filing says she has asked for compensatory and punitive damages against the US Marshals Service for their 'tortious and unconstitutional acts and omissions'. She is also filing under the Federal Tort Claims Act, which allows people to sue the federal government when federal officers cause them harm. McCarthy says she was kept in a 'cold cell' overnight before being back in court the next day for an identity hearing, the complaint adds. Her attorneys said in the filing: 'Eventually the government confirmed that Penny's fingerprints and DNA do not match Rozak's and ended the proceedings.' The judge released her after prosecutors asked for more time to get the results of her fingerprints and DNA. The government then dismissed the case against her. She now says she fears being left alone and taking her dog for a walk. McCarthy added that the psychological effects from the ordeal caused her to sell her home and move out of the state. She said: 'I'm still afraid that one day I will be pulled over and again mistaken for a criminal. 'I'm suing because I don't want this to happen to anyone else. Unless someone is held responsible, someone else will go through this same nightmare.' McCarthy spoke with ABC15 after the incident, telling the outlet: 'I truly felt like I was being kidnapped.' Terrifying body camera video showed the moment she was arrested by rifle-wielding officers who barked commands at her. The federal agents rolled up to McCarthy's Phoenix home with guns drawn and immediately told her to put her 'hands up!'. 'We have an arrest warrant,' a federal agent is heard saying on the video. 'For me?' McCarthy responded. 'Yes. For you,' the officer said. 'Who am I?' she asked, seemingly wanting the officers to confirm that she was in fact the person they were looking to apprehend. Multiple agents can be heard in the clip screaming at her and giving her conflicting orders. 'Turn away. Turn around. Turn away. We'll discuss it later. Turn away. You're gonna get hit,' they said. McCarthy is being represented by the Institute for Justice, a nonprofit law firm, who specialize in cases involving abuses of power. Senior Attorney Paul Avelar said: 'The officers' misidentifying Penny was inexcusable and violated state and federal law. 'To make matters worse, even if Penny had been the fugitive they were looking for, the officers' over-the-top display of force was uncalled for, given that the fugitive was wanted only for failing to check in with a probation officer after being released from prison twenty-five years ago for nonviolent crimes.' Rozak, the woman agents said Penny was, was wanted for an outstanding parole violation from 1999. All the crimes she served time for were non-violent in nature, but after her release, she failed to meet with any federal probation officer, according to records. In a statement the US Marshals Service in Arizona said: 'The US Marshals Service acknowledges that Ms Penny McCarthy was mistakenly arrested.'
NHK
11-06-2025
- Politics
- NHK
State, Tokyo will not appeal high court ruling on chemical machinery maker
The central and Tokyo metropolitan governments say they will not appeal a recent high court ruling on the wrongful arrest and detention of three company executives accused of illegal exports. The Japanese prosecutors' office and the Tokyo Metropolitan Police Department each announced on Wednesday that, after closely examining the ruling, they would not appeal to the Supreme Court. They issued an apology to chemical machinery manufacturer Ohkawara Kakohki and related parties. Last month, the Tokyo High Court upheld a lower court ruling and recognized the investigations by Tokyo police and prosecutors as unlawful. The court ordered the governments to pay over 166 million yen, or about 1.14 million dollars, in damages to the plaintiffs. The plaintiffs are two executives and the bereaved family of another executive of the manufacturer. In 2020, Tokyo police arrested the three executives of the Yokohama-based company for allegedly exporting illegally to China and elsewhere machinery that could be converted for military use. Although they were indicted, prosecutors later dropped the charges in a rare move, and the three men were declared innocent. Tokyo police said on Wednesday that they deeply apologize for causing great pain and trouble to the plaintiffs and other concerned parties. The police also said they have set up a team headed by the department's deputy chief to identify issues in their investigations and draw up measures to prevent a recurrence. The Tokyo District Public Prosecutors Office issued a similar apology on the same day. It also revealed that the Supreme Public Prosecutors Office will examine the investigations by the prosecutors.
Telegraph
31-05-2025
- General
- Telegraph
Pensioner receives police payout over ‘thought crime' tweet
A retired special constable has been given compensation of £20,000 after being wrongly arrested over a social media post warning about rising anti-Semitism. Julian Foulkes, from Gillingham, Kent, was handcuffed at his home by six officers after replying to a pro-Palestinian activist on X. Kent Police officers searched his home and commented on his 'very Brexity' book collection. The force detained the 71-year-old for eight hours, interrogated and issued him with a caution after officers visited his home on Nov 2 2023. Earlier this month, Kent Police confirmed that the caution was a mistake and had been deleted from Mr Foulkes's record. Tim Smith, the force's chief constable, later phoned Mr Foulkes personally to offer an apology for the 'ordeal he endured'. Now, in a letter sent to Mr Foulkes' solicitors, the force reiterated Mr Smith's apology for the 'distress caused by the actions of his officers' . It also confirmed Kent Police would agree to an out-of-court settlement after Mr Foulkes launched a legal challenge, supported by the Free Speech Union (FSU), against the force for wrongful arrest and detention. The letter, sent by a lawyer for the force, read: 'I am instructed to accept the offer of early resolution without recourse to litigation by payment of compensation in the sum of £20,000 plus your client's reasonable legal fees in full and final settlement of all prospective claims arising from his arrest on Nov 2 2023.' Mr Foulkes told The Telegraph he was 'naturally pleased that Kent Police had been swift to follow their apology with compensation'. 'However, this was never about money,' he said. 'For me, it was a simple matter of right and wrong and I now need to see that the full investigation I have been promised takes place and necessary actions are taken to prevent any recurrence.' On Friday, Kent Police referred itself to the Independent Office for Police Conduct (IOPC) over the incident. Mr Foulkes added: 'I have been very fortunate in receiving superb assistance from the FSU and I would like to thank them once again for their help and support.' Police body-worn camera footage captured officers scrutinising Mr Foulkes's collection of books by authors such as Douglas Murray, a Telegraph contributor, and issues of The Spectator, pointing to what they described as 'very Brexity things'. Mr Foulkes's X post replied to an activist threatening to sue Suella Braverman, the home secretary at the time, for calling pro-Palestinian demonstrations in London ' hate marches '. In the post, sent two days before police visited his home, Mr Foulkes wrote: 'One step away from storming Heathrow looking for Jewish arrivals…' Mr Foulkes's X post was referring to news reports of an anti-Semitic mob that stormed an airport in Dagestan, Russia, looking for Jewish passengers. On Nov 2, six officers arrived at Mr Foulkes's home, armed with batons and pepper spray. He was arrested, fingerprinted, photographed and swabbed for DNA. After his home was searched, the retired special constable was locked in a police cell for eight hours and interrogated on suspicion of malicious communications. Fearing that further escalation could impact his ability to visit his daughter, who lives in Australia, he accepted a caution despite having committed no offence. Matt Elkins, director of Legisia Legal Services, who helped get Mr Foulkes's police record deleted, said while the compensation was welcome as this had 'never been about money but about correcting an injustice '. He said: 'The police don't always admit they're in the wrong, so I think Kent Police should be acknowledged for their prompt mea culpa. 'The compensation is, of course, a good starting point, but I hope this is just a first step towards some deep introspection from the police, and some constructive changes.' 'End of the beginning' Dr Bryn Harris, chief legal counsel for the FSU, said: 'The [FSU] is pleased to see that Kent Police has done the right thing and apologised to Julian, with due compensation. 'This is, however, merely the end of the beginning – we now need to see a full and credible investigation into the outrageous violations of Julian's basic freedoms. 'Kent Police must ensure that the distress to Julian, and the cost to the taxpayer, result in lessons learnt and a realisation that policing by consent requires a police service worthy of the consent of free citizens.' Chris Philp, the shadow home secretary, said it was 'disgraceful' that Mr Foulkes had been 'investigated and harassed in the first place'. He added: 'Police should be catching real criminals, not wasting time on non-criminal social media posts. 'This has happened again and again and the officers responsible for this shocking incident need to be held responsible. ' Police chiefs need to get a grip and end this nonsense.' Mr Philp also called on the Government to support his proposed amendment to Labour's Crime and Policing Bill, and 'abolish non-crime hate incidents (NCHIs) '. The amendment will seek to block police forces keeping records on individuals who have not broken the law but are accused of expressing views or behaviour deemed offensive. The Conservatives previously said they were putting forward the amendment because it was 'clear the use of NCHIs has spiralled out of control'.
Daily Mail
30-05-2025
- Health
- Daily Mail
Father dragged away from his dying daughter's hospital bedside by police faces legal bill of up to £100,000 after losing wrongful arrest case
A father who was forcibly dragged away from his dying daughter's hospital bedside by police is now facing a legal bill of up to £100,000 after losing his wrongful arrest case. Dr Rashid Abbasi, an NHS consultant, had brought a civil claim against Northumbria Police for wrongful arrest, false imprisonment, and assault and battery following the harrowing incident at the Royal Victoria Infirmary in Newcastle. Disturbing police bodycam footage showed Dr Abbasi shouting 'b*******' and biting officers as they restrained and removed him from the children's intensive care unit in August 2019. The five-day trial at Newcastle Crown Court ended with a judge condemning Dr Abbasi and describing his behaviour as the spark for the violent incident in the paediatric unit. He also described who described Dr Abbasi as a 'menace' on the ward. Now, six years after the incident, the father faces a massive legal bill. He will have to cover not only his own costs but also between 60 and 70 per cent of the legal fees incurred by Northumbria Police. This bill is estimated to be anywhere from £50,000 to £100,000, the Mirror reports. Despite attempts by Dr Abbasi to recover some of the costs through a one-way cost shifting regime, it is understood that the police opposed the move, and the judge is expected to reject it. This means Dr Abbasi will be liable for tens of thousands of pounds in costs. Recorder James Murphy, who presided over the case, said police footage showed Dr Abbasi instigated the violence in the hospital ward. The ruling dealt a heavy blow to Dr Abbasi, who had previously expressed deep distress at being removed from his daughter Zainab's bedside shortly after her life support was withdrawn. In court, the judge said there was sufficient reason for police to believe a breach of the peace was imminent. He added: 'If I was a bystander having watched this footage, a reasonable description would have been that Dr Abbasi was a coiled spring waiting to breach the peace.' Following the verdict, Dr Abbasi said the judge's description of him as a 'menace' was 'unwarranted' and 'hurtful,' and that the video footage 'tells its own story.' He added that the officers accepted he was not aggressive or threatening before they laid hands on him. Rashid Abbasi, his wife Aliya and another relative, are seen at Zainab's bedside as police enter the ward The incident involving Dr Abbasi took place at Newcastle's Great North Children's Hospital - which was named after an injunction was lifted by the Court of Appeal in 2020. The Court of Appeal also allowed the naming of the doctors in charge of Zainab's care, but this was appealed by the NHS trusts involved. However, the Supreme Court last month unanimously dismissed the appeal - allowing the medics to be identified. Dr Abbasi's arrest came after the he and his wife were involved in a protracted dispute with doctors over the care of their critically ill daughter. The six-year-old was suffering from respiratory problems and a rare genetic illness called Niemann-Pick disease, which meant she was likely to die during childhood. Medics insisted Zainab should be allowed to die but Dr and Mrs Abbasi fought for further treatment that they were convinced would keep her alive. The couple clashed with Zainab's doctors for years over her treatment. They said that on two previous occasions when Zainab was critically ill they had successfully argued for her to be treated with steroids instead of having life support withdrawn, and were proved correct when her condition improved. After her admission to hospital in July 2019, Dr and Mrs Abbasi believed that, while their daughter was dangerously ill, she could survive with the right care. But the following month on August 19, doctors told the Abbasis that Zainab was dying. An audio recording revealed how one doctor told them that 'the next steps would involve taking her off the ventilator'. Rashid and Aliya pleaded for further tests, but one of the doctors refused, saying the process of moving Zainab on to palliative care needed to start 'straight away'. Rashid told them they would have to get a court order to do so. Urged again to carry out more tests, the doctor replied 'We are not going to be doing any more going round in circles', adding: 'You will never come to terms with this.'
