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New Jersey woman arrested, jailed over mistaken identity cannot sue due to qualified immunity, court rules

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New Jersey woman arrested, jailed over mistaken identity cannot sue due to qualified immunity, court rules


A New Jersey woman who was arrested and spent two weeks behind bars over a mistaken identity cannot sue the U.S. marshals who arrested her because they are protected by qualified immunity, a court ruled.

Judith Maureen Henry was booked into the Essex County Correctional Facility in Newark in 2019 after the marshals detained her, mistakenly believing she was another woman with the same name who pleaded guilty to drug possession and skipped her parole in Pennsylvania in 1993.

Henry sought to sue the marshals over the mistake, but a three-judge appellate panel ruled Thursday that the marshals acted on a “constitutionally valid” warrant and were protected by qualified immunity, which shields law enforcement from liability for wrongdoing.

“Their arrest of Henry relying on information attached to the warrant was a reasonable mistake, and therefore her arrest did not violate the Fourth Amendment,” Judge Thomas Ambro of the U.S. Third Circuit Court of Appeals wrote in the ruling, according to the New Jersey Monitor.

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A court ruled that Judith Maureen Henry, who was arrested and jailed over a mistaken identity, cannot sue the U.S. marshals who arrested her because they are protected by qualified immunity. (Getty Images)

Henry repeatedly told marshals during her 2019 arrest that she was not the person they were after and asked them to compare her fingerprints to those of the actual offender. But nobody compared the fingerprints until 10 days after her arrest, when she was transferred to Pennsylvania, and she remained locked up for another few days before she was finally released.

“Henry’s complaint — that the Marshals failed to take her claims of innocence seriously — raises a host of policy questions about the role of the Marshals Service after they apprehend a suspect on a warrant for a crime they did not investigate,” Ambro wrote.

The judge said those questions include how strong a claim of innocence must be before a marshal investigates, who should investigate and how thorough an investigation should be conducted. He said a reasonable observer could conclude the answers to these questions would be easy to find and would impose “minimal burdens” on the marshals.

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Marshals mistook Judith Maureen Henry for another woman with the same name who pleaded guilty to drug possession and skipped her parole in Pennsylvania in 1993. (iStock)

But, Ambro wrote, those policy questions should be up to lawmakers to address.

He also noted that the marshals were not involved in Henry’s continued detention.

The court also rejected allegations from Henry, who is black and from Jamaica, that she faced this treatment due to her race, sex, national origin and lower economic status.

“We need not accept this bare conclusion, and she offers no other allegations to support it,” Ambro wrote.

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An appellate panel ruled that the marshals were protected by qualified immunity, which shields law enforcement from liability for wrongdoing. (Getty Images )

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A district judge had refused the marshals’ request to dismiss Henry’s lawsuit against them, but Ambro reversed that ruling and ordered the judge to drop the marshals from the lawsuit.

Outside the marshals, Henry’s lawsuit named Essex County and about 30 law enforcement officers and government officials in New Jersey and Pennsylvania as defendants, accusing them of abuse of process, false arrest and imprisonment, intentional infliction of emotional distress, failure to train and supervise and conspiracy.

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New Jersey

Jersey Shore beach roped off to protect nesting birds just in time for Memorial Day weekend

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Jersey Shore beach roped off to protect nesting birds just in time for Memorial Day weekend


They took them under their wing.

A large stretch of a Jersey Shore beach is roped off to protect a bird’s nest just in time for Memorial Day weekend.

A pair of American Oystercatchers made their home on the sand in Belmar — and New Jersey Fish and Wildlife is prohibiting beachgoers from trespassing in the area to protect them and their eggs, according to NJ Advance Media.

Signs posted at 7th Avenue Beach warn that American Oystercatchers are protected under federal law. njdotcom/Youtube

The agency erected signs at 7th Avenue Beach — one of the most popular spots in Belmar — that say “Do Not Enter,” and explain that the area is a nesting area for the shorebirds, which are protected under federal law.

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The placards also warn that “harassing these birds, their eggs or their young” can incur a $50,000 fine or jail time.

The birds are not listed as endangered or threatened species in New Jersey, according to Conserve Wildlife Foundation of New Jersey.

However, their status has been to changed to one of “special concern.”

Many on social media agreed with the agency’s efforts to protect the creatures, which are known for their black and white body and long orange-red bill.

“Love love love this!!!! Beautiful birds! One of my favorite!” one gushed.

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“Leave that cute birdie alone people,” another added.


American oystercatcher flying low over the ocean beach.
The birds are known for their black and white body and long orange-red bill. Ivan Kuzmin – stock.adobe.com

Others thought even more safety precautions were needed.

“We should send a biologist or conservation police to guard the area,” one wrote.

DEP officials told the outlet that the length of time the area would be closed will be determined by whether the chicks opt to remain there after hatching.

If the baby birds decide to relocate to another spot on the beach, that new area will be closed off instead, the agency added.

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Why the Brooklyn Nets Need to Start Embracing Their New Jersey Roots More

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Why the Brooklyn Nets Need to Start Embracing Their New Jersey Roots More


It’s been nearly a decade and a half since the Brooklyn Nets moved out of New Jersey.

The organization has completely revamped its vibe since switching states, ditching the red, white and blue look for a very basic black and white colorway.

The Nets have also intermittently changed the colors of the banners hanging up in the Barclays Center from red, white and blue to black and white, much to the chagrin of traditional Nets fans.

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Despite the Nets now playing in a bigger market and being far removed from their days in the Garden State, some fans seem to hope for the Nets to make their return across the river. New Jersey governor Mikie Sherrill was asked about the matter.

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“I mean, would I support it? I ask about it all the time,” Sherrill said. “I love the idea. So, I have been pressing for that. I haven’t made a lot of headway yet; you know, maybe in my second 100 days.

“But I do think there is some work being done for some — I don’t know if I’m allowed to say too much about it — but some people are working on some different sports coming into the Rock.”

As time went on, the Nets eventually started to embrace more of their New Jersey roots, which started when they rocked a clean tie-dye jersey from the 90s during the 2020-21 season.

The next season, the Nets followed it up with uniforms commemorating their run in the 2000s, when the team got to the NBA Finals in 2002 and 2003 and endlessly broke the ESPN top 10 with each crazy Jason Kidd assist and Vince Carter dunk.

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Apr 25, 2022; Brooklyn, New York, USA; Brooklyn Nets guard Kyrie Irving (11) and forward Kevin Durant (7) drop back on defense during the second quarter of game four of the first round of the 2022 NBA playoffs against the Boston Celtics at Barclays Center. Mandatory Credit: Brad Penner-Imagn Images | Brad Penner-Imagn Images

It’s fitting that Kevin Durant and Kyrie Irving, the latter of whom grew up in New Jersey as a Nets fan, got to rock these uniforms, helping boost the popularity of the New Jersey brand to a wide array of fans.

True Nets fans embraced the Continental Airlines Arena/Izod Center and the swamps of East Rutherford, getting to witness a winning basketball team for a fraction of the cost of the team mired in dysfunction that happened to play their home games at “The World’s Most Famous Arena.”

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Not many marquee free agents would have signed up to play in New Jersey, but real fans remember the good times in the swamps, especially with Sly the Fox as the team’s mascot. Those times deserve to be remembered properly.

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Travelers hit the road to the Jersey Shore despite dreary Memorial Day weekend forecast

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Travelers hit the road to the Jersey Shore despite dreary Memorial Day weekend forecast


ATLANTIC COUNTY, N.J. (WPVI) — Drivers heading to the shore on Friday afternoon saw slow-moving traffic for several miles coming off the Walt Whitman bridge, but many travelers said the start of the holiday weekend was smoother than they anticipated.

Aldara Madden, who was traveling with her friend Elana Maser, said the trip moved faster than she expected.

“I was expecting it to take a lot longer,” she said.

Maser added that they left school early to avoid delays.

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“My mom and I do that every year and then we always stop here as our little pre-down the shore,” she said.

Others shared similar experiences.

“I’m coming from Bucks County, so I was worried there was gonna be some traffic but it really wasn’t bad at all,” said Erin McFadden of Churchville, who was headed to Ocean City.

AAA reported that while slightly more people are traveling by car this year compared to last, 2026 is projected to have the lowest year-over-year travel growth rate in more than a decade, excluding the steep drop seen in 2020 during the pandemic.

The organization attributes the slowdown largely to concerns over rising prices.

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“Gas is ridiculously expensive and I think all the time before going anywhere these days,” said Debbie Maser of Philadelphia. “But this is our happy place and nothing can keep us away.”

A dreary weekend forecast may also be influencing travel patterns.

“I was thinking that, I wonder if there’ll be less congestion on the roads because of the weather,” said Kyra Wolin of Massachusetts. “It’s not looking to be too good this weekend with the rain.”

Still, many shore-bound travelers said tradition outweighs any concerns about rain or crowds.

“No not at all. You go down. You get it done,” said George Miller of Lansdale.

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Eric Wolin of Massachusetts agreed: “Never, never. Margate’s a special place for us.”

As the unofficial start of summer begins, travelers said they remain committed to kicking off the season in their favorite spots, not letting rain, traffic, or high prices keep them away.

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