A grandmother in Arizona is suing the U.S. Marshals after being mistakenly arrested and detained for over 24 hours in March 2024.
Penny McCarthy, 66, was wrongfully apprehended in front of her home, subjected to three strip searches, and spent a sleepless night in a cold jail cell before authorities realized they had the wrong person. McCarthy is now seeking justice for the trauma she endured.
The Wrongful Arrest
While McCarthy was doing yard work in March 2024, a group of U.S. marshals arrived at her house with rifles drawn. They informed her that they were there to arrest her for an outstanding warrant.
Confused, McCarthy asked, “For me?” to which they confirmed it was indeed her they were after. However, the marshals were supposed to arrest a woman named Carole Rozak, not McCarthy.
Despite McCarthy’s insistence that she wasn’t Rozak, the marshals proceeded to arrest her. McCarthy was then transported to a federal detention center more than an hour away from her home.
The ordeal involved three strip searches during her detention, which McCarthy’s attorneys say was unnecessary and humiliating.
The Aftermath
After spending a sleepless night in a cold jail cell, McCarthy had her first court appearance. A public defender requested more time to verify her identity with fingerprint and DNA comparisons.
Once those results confirmed that McCarthy wasn’t Rozak, the case against her was dropped. However, the emotional damage had already been done.
McCarthy’s attorneys argue that the arrest violated both Arizona and federal law, especially because the marshals didn’t take basic steps to verify her identity, such as checking her photo ID, which would have shown she wasn’t the person they were looking for.
The Lawsuit
McCarthy is suing the U.S. Marshals for false imprisonment, malicious prosecution, and violation of her Fourth Amendment rights. She explained that she’s still afraid of being mistakenly arrested again, stating: “I’m suing because I don’t want this to happen to anyone else.”
The U.S. Marshals acknowledged the mistake but did not offer any further details about internal investigations or personnel matters. A spokesperson for the agency stated, “We regret any inconvenience caused to Ms. McCarthy by her arrest.”
Why the Arrest Happened
The arrest was based on a warrant for Carole Rozak, who had failed to check in with her probation officer after serving time for bank fraud.
According to McCarthy’s attorney, Paul Avelar, even if McCarthy had been the fugitive, the force used during her arrest was unnecessary, especially given that the fugitive’s offense was nonviolent and related to a minor parole violation.
Penny McCarthy’s lawsuit highlights the serious consequences of wrongful arrests and the trauma that can result from such mistakes. As she seeks justice, McCarthy hopes that her case will prevent others from experiencing similar injustices in the future.
