Victory: Broward County Officers Not Entitled to Qualified Immunity for Arresting Innocent Woman in Case of Mistaken Identity
Lawsuit against officers who overlooked obvious evidence they were arresting the wrong woman can move forward
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MIAMI—On Wednesday, United States District Court Judge Melissa Damian ruled a Texas woman’s lawsuit against the Broward County Sheriff’s Office and several deputies of the department for a 2022 mistaken identity arrest can move forward. Judge Damian denied the county’s motion to dismiss the case brought by Jennifer Heath Box and her attorneys from the Institute for Justice (IJ), meaning Jennifer’s case can move forward.
In the opinion, Judge Damian wrote that it violates the Fourth Amendment to put the wrong person in jail when there are “observable differences between the individual and the person described in the warrant and there was plenty of time for officers to verify the identity of the person being arrested but the officers ignored red flags and arrested the person anyways.”
The court also ruled that the deputies are not entitled to qualified immunity, a legal doctrine that shields government officials from being held liable when they violate someone’s rights unless that right is “clearly established.”
“This Court finds that Eleventh Circuit case law provides several materially similar decisions that would provide the Deputies a fair warning that their conduct was unlawful,” the opinion reads.
Jennifer was arrested getting off a cruise ship in Port Everglades following a family trip on Christmas Eve 2022, and spent three days in jail, before finally being released. Police had a warrant for a different Jennifer—Jennifer Delcarmen Heath—who was 23 years younger; five inches shorter; and had a different hair color, eye color, skin tone, social security number, and home address. Deputies Peter Peraza, Monica Jean, Jasmine Hines and Anthony Thorpe all at various points overlooked the evidence on the warrant which proved they had the wrong Jennifer, but moved forward with the arrest and detention anyway.
“This whole experience has been traumatizing, so I’m very happy that my lawsuit can move forward and I can finally seek justice for what happened to me,” said Jennifer. “When I was in jail, nobody would listen to me that they had arrested the wrong person, and now it feels like somebody is finally listening.”
“Wednesday’s decision makes it clear that when police overlook obvious evidence that they’re arresting the wrong person, they’ll be held accountable,” said IJ Attorney Jared McClain. “Anyone who looked at Jennifer should have been able to tell she was not the person police wanted.”
Jennifer and IJ filed the lawsuit last September, seeking to hold the officers responsible for her arrest accountable.
Nadler, State Lawmakers Demand Amtrak Police End Discriminatory Arrests at Penn Station
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New York, NY, September 26, 2025
Representative Jerrold Nadler (NY-12) joined elected officials representing areas surrounding the Penn Station complex in sending a letter to National Railroad Passenger Corporation (Amtrak) President Roger Harris regarding reports of purportedly discriminatory arrests made by Amtrak Police in Penn Station.
According to reporting, Amtrak Police started targeting a men’s bathroom Penn Station, focusing on members of the LGBTQ community. Amtrak Police made 23 arrests in June and are now making as many as 20 arrests per day for “public lewdness” through their targeted campaign using undercover plainclothes police officers. The police are reportedly employing questionable and potentially discriminatory tactics by using apps popular with gay men and approaching and propositioning people trying to use the bathroom.
“First, we demand that Amtrak Police immediately cease identifying and targeting members of the LGBTQ community for search, seizure and arrest on the basis of their perceived sexual orientation or gender identity, which likely constitutes discriminatory treatment in violation of the Fourteenth Amendment to the United States Constitution,” the lawmakers wrote.
“Second, we request an urgent meeting for further discussion with you and representatives from Amtrak Police,” the lawmakers continued. “Specifically, it is imperative that Amtrak provide clarification or justification for its reported arrest campaign and commit to exploring alternatives that further Amtrak’s goals without subjecting New Yorkers to arrest and detention solely on the basis of their perceived sexual orientation or gender identity.”
The lawmakers went on to explain that there is a long and painful tradition of police forces using loitering, identification, prostitution, lewdness, and similar laws to target LGBTQ people for harassment, arrest, and incarceration. While Amtrak is entitled to ensure that its facilities are not used for illicit purposes, the lawmakers do not believe Amtrak should be doing so with a hostile arrest campaign reminiscent of anti-LGBTQ policing during the Stonewall era.
Representative Nadler joined State Senator Brad Hoylman-Sigal, State Senator Liz Krueger, and Assembly Member Tony Simone in sending the letter.
Read the full letter here and below.
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Dear Mr. Harris:
According to the reporting, Amtrak Police made 23 arrests for “public lewdness” at Penn Station in June 2025 and is now making up to 20 such arrests per day. The reporting also indicates that many of these charges have been ultimately dropped but only after LGBTQ New Yorkers have been handcuffed and arrested. In at least one case, an arrestee was transferred to the custody of U.S. Immigration and Customs Enforcement (ICE). Finally, the reporting indicates that undercover Amtrak Police are using constitutionally dubious tactics to target individuals they perceive as targets for arrest, including by using apps popular with gay men and by approaching and propositioning users of the bathroom.
First, we demand that Amtrak Police immediately cease identifying and targeting members of the LGBTQ community for search, seizure and arrest on the basis of their perceived sexual orientation or gender identity, which likely constitutes discriminatory treatment in violation of the Fourteenth Amendment to the United States Constitution.
Second, we request an urgent meeting for further discussion with you and representatives from Amtrak Police. Specifically, it is imperative that Amtrak provide clarification or justification for its reported arrest campaign and commit to exploring alternatives that further Amtrak’s goals without subjecting New Yorkers to arrest and detention solely on the basis of their perceived sexual orientation or gender identity.
As you may know, there is a long and painful tradition of police forces using loitering, identification, prostitution, lewdness, and similar laws to target LGBTQ people for harassment, arrest, and incarceration. Just a few years ago, the Port Authority of New York and New Jersey settled a class action lawsuit over similar arrests and promised to end patrols similar to those currently being conducted by the Amtrak Police. While Amtrak is entitled to ensure that its facilities are not used for illicit purposes, we do not believe Amtrak should be doing so with a hostile arrest campaign reminiscent of anti-LGBTQ policing from the Stonewall era.
Thank you for your attention to this important matter. Please contact Representative Nadler’s office at your earliest convenience to schedule our meeting request in order that we may discuss this important issue further.
