A grandmother wrongly arrested by the U.S. Marshals Service is suing the federal government after agents misidentified her as a fugitive. The Institute for Justice filed the civil rights lawsuit Tuesday in federal court, accusing officials of false imprisonment, malicious prosecution, and unlawful search and seizure. The organization emphasized that the Fourth Amendment protects Americans from unreasonable arrests and that the government must compensate victims when officers violate the Constitution.
“The officers’ misidentifying Penny was inexcusable and violated state and federal law,” said IJ Senior Attorney Paul Avelar. “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.”
This lawsuit follows ABC15’s investigative reporting and comes after the federal government took six months to release body camera footage of Penny’s arrest. The video shows six armed U.S. Marshals surrounding and arresting her.
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“We have an arrest warrant,” one federal agent says in the footage.
“For me?” Penny responds.
“Yes. For you,” the officer confirms.
“Who am I?” she asks.
Multiple agents shout commands: “Turn away. Turn around. Turn away. We’ll discuss it later. Turn away. You’re gonna get hit.”
“If you turn around again. You’re getting Tased. You understand me,” another officer warns.
“She asks, ‘I think you got the wrong person.’ They threatened to Tase her, and they detained her for 24 hours. And of course, they got the wrong individual,” said attorney Keith Jordan.
Court records reveal that U.S. Marshals believed Penny was Carole Anne Rozak, a woman wanted in Oklahoma for violating parole on a two-decade-old warrant for nonviolent offenses. But they were mistaken.
ABC15’s reporting prompted the Office of the Inspector General to launch an investigation. A day after the first report aired in April, prosecutors dropped the case against Penny.
Audio from Penny’s initial court appearance captured the judge questioning the arrest:
“I’d like to know why, um, this person was arrested as Ms. Rozak?” the magistrate asked.
Assistant U.S. Attorney Kevin Rapp replied:
“That’s a fair question. Um, and one I had … is that I’ve been provided some documents, um, some open-source documents that suggest that the person that they found was Carole Anne Rozak.”
A fingerprint analysis confirmed what Penny already knew—she was not a match.
The U.S. Marshals Service acknowledged the mistaken arrest in previous statements and expressed regret over the incident.
The Institute for Justice, a nonprofit law firm focusing on constitutional rights, is handling Penny’s case. They argue this kind of lawsuit is essential to holding government accountable.
“These are the kinds of suits that are absolutely necessary to ensure that people are able to enforce their own constitutional rights, because otherwise we’re just at the mercy of the government,” Avelar said.
Avelar described the experience as deeply traumatic for Penny, who was strip-searched three times during her detention. Since the incident, she has sold her home and relocated, though her current whereabouts remain undisclosed.
“The goal of this lawsuit is accountability,” said Avelar. “Accountability for the inexcusable wrongs that Penny suffered. No one should have to fear being nabbed off their driveway in their slippers by federal officers, and treated like a dangerous criminal for no reason.”
