Case: Baraka v. Habba

2:25-cv-06846 | U.S. District Court for the District of New Jersey

Filed Date: June 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the arrest and prosecution of Newark Mayor Ras Baraka at an ICE detention facility. On June 3, 2025, Mayor Baraka filed this lawsuit in the U.S. District Court for the District of New Jersey against Interim U.S. Attorney Alina Habba and Homeland Security Investigations Special Agent Ricky J. Patel under the Fourth Amendment. Represented by private counsel, Mayor Baraka sought compensatory damages, punitive damages, and attorneys’ fees. Judge Brian R. Martinotti presides over …

This case is about the arrest and prosecution of Newark Mayor Ras Baraka at an ICE detention facility. On June 3, 2025, Mayor Baraka filed this lawsuit in the U.S. District Court for the District of New Jersey against Interim U.S. Attorney Alina Habba and Homeland Security Investigations Special Agent Ricky J. Patel under the Fourth Amendment. Represented by private counsel, Mayor Baraka sought compensatory damages, punitive damages, and attorneys’ fees. Judge Brian R. Martinotti presides over the case. 

Mayor Baraka argued that the defendants acted with politically motivated malice, unlawfully arrested and prosecuted him, and then publicly defamed him. The complaint alleged that on May 9, 2025, Mayor Baraka joined members of Congress at Delaney Hall ICE facility for an inspection. Though he remained peaceful and complied with directions, he claimed Department of Homeland Security (DHS) agents violently arrested him without probable cause for trespassing. The trespass charges were dropped within thirteen days, with U.S. Magistrate Judge André Espinosa criticizing the prosecution for acting hastily and without adequate investigation. (You can read more about the dismissed criminal case against Baraka here.)

On June 4, 2025, Mayor Baraka filed an amended complaint that added a new cause of action for false light invasion of privacy. Mayor Baraka alleged that Habba’s public statements, particularly her social media posts and interviews, deliberately cast him in a misleading and damaging light by suggesting he had committed a crime for political gain. 

The case is ongoing. 

Summary Authors

Victoria Tan (8/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70445695/parties/baraka-v-habba/


Judge(s)

Martinotti, Brian R. (New Jersey)

Attorney for Plaintiff

BROMBERG, YAEL (New Jersey)

SMITH, NANCY ERIKA (New Jersey)

Attorney for Defendant

QUAST, PAUL C. (New Jersey)

Documents in the Clearinghouse

Documents in this case
1

2:25-cv-06846

Complaint

June 3, 2025

June 3, 2025

Complaint
4

2:25-cv-06846

Amended Complaint and Jury Demand

June 4, 2025

June 4, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70445695/baraka-v-habba/

Last updated Aug. 24, 2026, 3:54 a.m.

Docket for: BARAKA v. HABBA
ECF Number Date Description Link
1 June 3, 2025

COMPLAINT against ALINA HABBA, RICKY J PATEL ( Filing and Admin fee $ 405 receipt number ANJDC-16317685) with JURY DEMAND, filed by RAS BARAKA.(SMITH, NANCY) (Entered: 06/03/2025)

Clearinghouse
2 June 3, 2025

Exhibit to QC - Civil Cover Sheet JS44,, 1 Complaint by RAS BARAKA. (SMITH, NANCY) (Entered: 06/03/2025)

RECAP
June 3, 2025

QC - Civil Cover Sheet JS44

June 3, 2025

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr)

June 3, 2025

Case Assigned/Reassigned

June 3, 2025

Case assigned to Judge Brian R. Martinotti and Magistrate Judge James B. Clark. (jr)

3 June 4, 2025

SUMMONS ISSUED as to ALINA HABBA, RICKY J PATEL. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (pm, ) (Entered: 06/04/2025)

RECAP
4 June 4, 2025

AMENDED COMPLAINT against ALINA HABBA, RICKY J PATEL, filed by RAS BARAKA.(SMITH, NANCY) (Entered: 06/04/2025)

Clearinghouse
5 June 5, 2025

Letter from United States Attorney's Office re: Status of Representation for Federal Defendants and Adjournment Request. (BASIAK, JOHN) (Entered: 06/05/2025)

RECAP
June 6, 2025

Case Assigned/Reassigned

June 6, 2025

Case Reassigned to Magistrate Judge Leda D. Wettre. Magistrate Judge James B. Clark no longer assigned to the case. (aw, )

6 June 11, 2025

SUMMONS Returned Executed by RAS BARAKA. ALINA HABBA served on 6/9/2025, answer due 6/30/2025. (SMITH, NANCY) (Entered: 06/11/2025)

RECAP
7 June 11, 2025

SUMMONS Returned Executed by RAS BARAKA. RICKY J PATEL served on 6/9/2025, answer due 6/30/2025. (SMITH, NANCY) (Entered: 06/11/2025)

RECAP
8 Sept. 9, 2025

NOTICE of Appearance by PAUL C. QUAST on behalf of All Defendants (QUAST, PAUL) (Entered: 09/09/2025)

RECAP
9 Sept. 9, 2025

Letter from Defendants Requesting Pre-Motion Conference. (QUAST, PAUL) (Entered: 09/09/2025)

RECAP
10 Sept. 12, 2025

Substitution of Attorney - Attorney NANCY ERIKA SMITH terminated. Attorney YAEL BROMBERG for RAS BARAKA added.. (SMITH, NANCY) (Entered: 09/12/2025)

RECAP
11 Sept. 18, 2025

TEXT ORDER: The Court is in receipt of defendant's 9 premotion conference letter, filed pursuant to Judge Martinotti's judicial preferences. To date, plaintiff has not responded. Plaintiff shall file a response by September 22, 2025. So Ordered by Judge Brian R. Martinotti on 09/18/2025. (lr, ) (Entered: 09/18/2025)

RECAP
Sept. 18, 2025

Text Order

12 Sept. 19, 2025

NOTICE of Appearance by YAEL BROMBERG on behalf of RAS BARAKA (BROMBERG, YAEL) (Entered: 09/19/2025)

RECAP
13 Sept. 20, 2025

Letter from Y.Bromberg re 9 Letter. (BROMBERG, YAEL) (Entered: 09/20/2025)

RECAP
14 Sept. 21, 2025

Proposed Order seeking extension to file written response, by consent, by RAS BARAKA re 9 Letter, 13 Letter. (BROMBERG, YAEL) (Entered: 09/21/2025)

RECAP
15 Sept. 22, 2025

CONSENT ORDER extending the deadline to submit a pre-motion letter response until 10/13/2025. Signed by Judge Brian R. Martinotti on 9/22/2025. (dmr3) (Entered: 09/22/2025)

RECAP
16 Oct. 14, 2025

Letter from Y.Bromberg on behalf of Mayor Ras Baraka re 9 Letter. (BROMBERG, YAEL) (Entered: 10/14/2025)

RECAP
Oct. 15, 2025

Set/Reset Hearings: A Premotion Conference is set for 11/4/2025 at 09:30 AM in Newark - PO Courtroom 1 before Judge Brian R. Martinotti. (lr, )

Oct. 15, 2025

Set/Reset Hearings

17 Oct. 28, 2025

Letter from Defendants: Request to adjourn pre-motion conference set for November 4, 2025. (QUAST, PAUL) (Entered: 10/28/2025)

RECAP
18 Oct. 29, 2025

TEXT ORDER: Defendants' request for an adjournment of the pre-motion conference set for November 4, 2025, at 9:30 am is granted. This matter will be rescheduled to a date to be set by the court. Defendant's request to appear via video is reserved. SO ORDERED by Judge Brian R. Martinotti on 10/29/2025. (lr, ) (Entered: 10/29/2025)

RECAP
Oct. 29, 2025

Text Order

March 3, 2026

Set/Reset Hearings

March 3, 2026

Set/Reset Hearings: A Premotion Conference set for 4/9/2026 at 11:00 AM in Newark - PO Courtroom 1 before Judge Brian R. Martinotti. (lr, )

19 April 9, 2026

Minute Entry for proceedings held before Judge Brian R. Martinotti: Premotion Conference held on 4/9/2026. OTBS (Court Reporter, Jennifer Kohn (973-776-7727)) (lr, ) (Entered: 04/09/2026)

RECAP
20 April 10, 2026

Proposed Order with Cover Letter by ALINA HABBA, RICKY J PATEL. (Attachments: # 1 Text of Proposed Order)(QUAST, PAUL) (Entered: 04/10/2026)

1 Text of Proposed Order

View on RECAP

RECAP
21 April 13, 2026

ORDER granting Plaintiff's leave request to file a second amended complaint by May 8, 2026. Signed by Judge Brian R. Martinotti on 4/13/2026. (mj) (Entered: 04/13/2026)

RECAP
22 May 8, 2026

AMENDED COMPLAINT against ALINA HABBA, RICKY J PATEL, filed by RAS BARAKA.(BROMBERG, YAEL) (Entered: 05/08/2026)

RECAP
23 June 9, 2026

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by ALINA HABBA, RICKY J PATEL. Responses due by 7/9/2026. (Attachments: # 1 Brief In Support of Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order, # 5 Certificate of Service)(QUAST, PAUL) (Entered: 06/09/2026)

1 Brief In Support of Motion to Dismiss

View on RECAP

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Text of Proposed Order

View on PACER

5 Certificate of Service

View on PACER

RECAP
June 9, 2026

Set/Reset Motion and R&R Deadlines/Hearings

June 9, 2026

Set Deadlines as to 23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction . Motion set for 7/6/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)

24 June 18, 2026

NOTICE of Appearance by ROBERT STEINBAUM on behalf of Lawyers Defending American Democracy (Attachments: # 1 Memorandum Letter for leave to file amicus)(STEINBAUM, ROBERT) (Entered: 06/18/2026)

RECAP
25 June 22, 2026

TEXT ORDER: The Court is in receipt of and has reviewed Lawyers Defending American Democracy's ("LDAD") letter indicating its desire to file a motion for leave to file an amicus curiae brief in support of Plaintiff and in opposition to Defendants' motion to dismiss. (ECF No. 24 -1].) LDAD represents that the parties consent to LDAD's motion. (Id.) Accordingly, by June 29, 2026, LDAD shall file its motion for leave to file an amicus curiae brief. The motion shall include its proposed amicus brief, limited to twenty (20) pages. Any party opposing LDAD's motion for leave to file an amicus brief shall respond to LDAD's motion by July 6, 2026. So Ordered by Judge Brian R. Martinotti on 06/22/2026. (lr, ) (Entered: 06/22/2026)

RECAP
June 22, 2026

Text Order

26 June 25, 2026

MOTION for Leave to Appear Amicus Curiae by Lawyers Defending American Democracy. (Attachments: # 1 Brief Brief of Lawyers Defending American Democracy As Amicus Curiae, # 2 Appendix Appendix in Support of Motion, # 3 Text of Proposed Order Proposed Order Granting Motion)(STEINBAUM, ROBERT) (Entered: 06/25/2026)

1 Brief Brief of Lawyers Defending American Democracy As Amicus Curiae

View on RECAP

2 Appendix Appendix in Support of Motion

View on PACER

3 Text of Proposed Order Proposed Order Granting Motion

View on PACER

RECAP
30 July 25, 2026

BRIEF in Opposition filed by RAS BARAKA re 23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Declaration by Director of Newark Department of Public Safety, # 2 Application to File Overlength Brief)(BROMBERG, YAEL) (Entered: 07/25/2026)

1 Exhibit Declaration by Director of Newark Department of Public Safety

View on RECAP

2 Application to File Overlength Brief

View on PACER

RECAP
31 July 28, 2026

STIPULATION Extension Request on Consent by ALINA HABBA, RICKY J PATEL. (QUAST, PAUL) (Entered: 07/28/2026)

RECAP
32 July 28, 2026

LETTER ORDER granting Defendants request for a 9-day extension of time, until August 14, 2026, to file a reply in support of their motion to dismiss. Signed by Judge Brian R. Martinotti on 7/28/2026. (dnw) (Entered: 07/28/2026)

RECAP
33 Aug. 13, 2026

Consent MOTION for Leave to File Excess Pages to File 15 Page Reply by ALINA HABBA, RICKY J PATEL. (Attachments: # 1 Text of Proposed Order)(QUAST, PAUL) (Entered: 08/13/2026)

1 Text of Proposed Order

View on PACER

RECAP
34 Aug. 13, 2026

Order on Motion for Leave to File Excess Pages

RECAP
35 Aug. 14, 2026

Reply to Response to Motion

1 Certificate of Service

View on PACER

RECAP

Case Details

State / Territory:

New Jersey

Case Type(s):

Policing

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Newark Mayor Ras Baraka

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Alina Habba

Ricky J. Patel

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

District of New Jersey 2:25-cv-06846

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Retaliation

Policing:

Excessive force

False arrest

Recommended Citation