A 66-year-old grandmother was wrongfully arrested at gunpoint, strip-searched, and jailed by U.S. Marshals who mistook her for a fugitive despite her pleas and documentation proving her identity.
At a Glance
- Penny McCarthy was wrongfully arrested by U.S. Marshals who mistakenly identified her as Carole Rozak, a fugitive wanted for a 25-year-old parole violation
- Six armed marshals detained McCarthy at gunpoint, threatened her with a Taser, and subjected her to multiple strip searches during 24+ hours in custody
- Officials ignored McCarthy’s identification documents, different social security number, and other evidence proving she was not the fugitive
- The traumatic experience led McCarthy to sell her home and move out of state out of fear
- McCarthy has filed a federal civil rights lawsuit against the government for false imprisonment and constitutional violations
Armed Marshals Arrest Innocent Grandmother
In March 2024, Penny McCarthy, a 66-year-old grandmother from Phoenix, experienced what can only be described as every law-abiding citizen’s nightmare. Six heavily armed U.S. Marshals stormed her home with weapons drawn, threatening her with a Taser and placing her under arrest. Their target? A fugitive named Carole Anne Rozak, wanted for a parole violation dating back to 1999 – a woman McCarthy had never heard of and certainly was not.
The marshals’ misidentification was based on flimsy evidence: McCarthy’s Facebook profile picture and the fact that her maiden name resembled one of Rozak’s aliases. Despite McCarthy’s repeated attempts to prove her identity with documentation, the marshals proceeded with the arrest, displaying a disturbing level of force against a senior citizen with no criminal history. This incident raises serious questions about federal law enforcement protocols and the apparent lack of verification procedures before subjecting citizens to such traumatic experiences.
Ignored Evidence and Degrading Treatment
Throughout her ordeal, McCarthy repeatedly asked the marshals to verify her identity. “Do you want to confirm who I am?” she pleaded, according to body camera footage. The officers ignored her requests and the evidence she presented, including identification documents with a different social security number than Rozak’s. What followed was a 24-hour nightmare of degrading treatment that no American citizen should endure at the hands of their government.
McCarthy was subjected to multiple strip searches and held in unsanitary conditions. A “glitch” allegedly led to a false match of McCarthy’s digital fingerprints with Rozak’s, though proper fingerprint analysis later confirmed she was not the fugitive. Even a federal magistrate judge questioned the arrest during court proceedings, asking pointedly why this woman was being held as Rozak. It took a full day before prosecutors finally dropped the case, but by then, irreparable damage had been done to McCarthy’s sense of security and trust in government institutions.
Seeking Justice and Accountability
The Institute for Justice, a nonprofit law firm dedicated to protecting constitutional rights, has filed a federal lawsuit on McCarthy’s behalf. The suit alleges assault, battery, false imprisonment, and violations of her Fourth Amendment rights against unreasonable searches and seizures. It specifically argues that the marshals acted with reckless disregard for evidence proving McCarthy was not Rozak and seeks compensation under the Federal Tort Claims Act.
“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.”, said Paul Avelar.
The case has drawn attention from lawmakers, including Representative Andy Biggs, who has requested an investigation into the U.S. Marshals Service’s actions and potential constitutional rights violations. The Office of the Inspector General has reportedly launched an investigation, though the Marshals Service has admitted the mistake but taken no meaningful disciplinary actions or policy changes to prevent similar incidents in the future. This apparent lack of accountability highlights a troubling aspect of federal law enforcement operations.
Lasting Impact on an American Citizen
The consequences of this governmental error have been profound for McCarthy. Following her release, she has suffered significant anxiety and fear of future wrongful arrests. The trauma was so severe that she sold her home and moved out of Arizona entirely, uprooting her life in search of safety and peace of mind. As she plainly stated: “I am so fricking disappointed in my government, it’s not funny.” Her experience serves as a stark reminder of the devastating impact that unchecked government power can have on innocent citizens.
“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,” said Avelar.
McCarthy’s lawsuit seeks not only compensation for her suffering but also aims to force meaningful reforms in federal law enforcement procedures. When government agencies can make such egregious errors without consequences, all Americans’ constitutional protections are threatened. While the U.S. Marshal Service has indicated they are conducting a review of the incident, the question remains whether substantive changes will be implemented to protect other innocent citizens from similar traumatic experiences at the hands of those sworn to uphold the law.