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Woman sues Florida sheriff after mistaken arrest lands her in jail on Christmas

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Woman sues Florida sheriff after mistaken arrest lands her in jail on Christmas
News

News

Woman sues Florida sheriff after mistaken arrest lands her in jail on Christmas

2024-09-20 04:06 Last Updated At:04:12

FORT LAUDERDALE, Fla. (AP) — Jennifer Heath Box had few worries as she exited her cruise ship at Fort Lauderdale’s port on Christmas Eve 2022.

The Texan and her husband had spent six days at sea celebrating with her brother, a Georgia police officer who had just completed cancer treatment. In two hours the couple had a flight home to Houston, where they would spend Christmas with their Marine son, who was leaving for a three-year deployment in Japan, and two other adult children.

But according to a federal civil rights lawsuit filed Thursday by Box against the Broward County Sheriff's Office, its deputies wrongly arrested her as she disembarked and then jailed her for three days, subjecting her to a body cavity search and blasting her cell with death metal music and freezing air.

Deputies accused the 50-year-old financial systems administrator of being a much younger woman with a similar name who was wanted in Harris County, Texas, for felony child endangerment. Harris County had mistakenly put Box's photo on its warrant, but none of the other information matched.

“I’ve never done anything to where I would find myself on the other side of bars," Box said at a Thursday press conference near Port Everglades, Florida. "It was really difficult for me because I had to call my kids and tell them that I wasn’t going to be there” for Christmas.

Box said while being booked, a male inmate tried to enter her cell several times, which she called “terrifying.” She said even after Harris County told Broward they had the wrong woman in custody, she wasn’t released for another day and missed her son's departure.

“It was humiliating, degrading,” Box said of her treatment.

The Broward Sheriff’s Office issued a statement Thursday saying while it “sympathizes” with Box, the department and deputies Peter Peraza and Monica Jean did nothing wrong. It blames the situation on its Texas counterparts.

“The BSO deputy (Peraza) followed the appropriate protocols in handling this matter, and after receiving confirmation of the Harris County warrant, arrested Ms. Box,” the statement said. “Had it not been for the arrest warrant filed by the Harris County Sheriff’s Office, Customs and Border Patrol would not have flagged Ms. Box, BSO would not have been notified and she would not have been arrested.”

The groundwork for Box’s mistaken arrest was laid when she boarded the ship nearly a week earlier. U.S. Customs and Border Patrol conducts background checks on cruise passengers and matched her to the Harris County warrant. When her ship returned, she was already targeted for arrest.

Border Patrol officers stopped Box after she scanned her ID to leave the ship and summoned Peraza and Jean.

While it was Box's photo on the warrant, she and her attorneys say the deputies and later their supervisors refused to acknowledge several obvious discrepancies. Box’s middle and last name were not the same as those on the warrant. She is also 23 years older and 5 inches (13 centimeters) taller than the real suspect and has different colored eyes, hair and skin tone.

Charges against the real suspect were dropped days later by Harris County prosecutors, who called the case “weak.”

Box's attorney, Jared McClain of the nonprofit Institute for Justice, said they aren't suing Harris County because it simply had one employee make a mistake. He said Broward sheriff's officials, on the other hand, repeatedly refused to look at the evidence and work to correct a mistaken arrest that should have been obvious, even when contacted by Box's police officer brother.

“At none of those red flags did anyone in Broward County stop and say, ‘Maybe we’re making a mistake here. Maybe we shouldn’t put this woman in jail over Christmas.’ So that’s why we’re here in Broward County,” McClain said.

The lawsuit does not seek a specific monetary amount, but McClain said the arrest cost Box and her family thousands of dollars in additional hotel and legal costs.

Body camera video shows that Box, wearing a sweatshirt reading “Santa Baby,” and her husband are flabbergasted when told she is being arrested, but they remain calm. In return, the deputies never get physical with her or raise their voices.

Box tried to point out the warrant's discrepancies, but Peraza pointed to the matching photo and said he had to arrest her. Box removed her jewelry, handed it to her husband and then put her hands behind her back to be cuffed as passersby watched.

After Box was placed in Peraza's patrol car, the deputy again seemed to study the warrant. He opened the door, asked Box again for her full name, which she provides. She points out that both “Jennifer” and “Heath” are common names. He slowly closes the door as he again reads the warrant, but then drives her to jail.

Box says even though the jail was extremely cold, she was given a thin jail uniform while the guards wore stocking caps, heavy jackets and gloves. She said she and her cellmate slept together back-to-back to keep warm.

Finally, a day after she says Broward learned of Harris County's mistake, she was released. She said she expected an apology, but none was given.

Instead, she says, she was told “stuff happens.”

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Associated Press writer Ken Miller in Edmond, Oklahoma, contributed to this report.

Jennifer Heath Box, standing with attorneys Bobbi Taylor, center, and Jared McClain, speaks following a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

Jennifer Heath Box, standing with attorneys Bobbi Taylor, center, and Jared McClain, speaks following a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

Jennifer Heath Box speaks during a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

Jennifer Heath Box speaks during a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

Attorney Jared McClain, standing with Jennifer Heath Box, left, and attorney Bobbi Taylor, following a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

Attorney Jared McClain, standing with Jennifer Heath Box, left, and attorney Bobbi Taylor, following a news conference under the 17th Street Causeway bridge in Fort Lauderdale, Fla., on Thursday, Sept. 19, 2024, about the time she spent in the Broward Sheriff's Office Main Jail. (Amy Beth Bennett/South Florida Sun-Sentinel via AP)

DUBAI, United Arab Emirates (AP) — The head of Iran’s judiciary signaled Wednesday there would be fast trials and executions ahead for those detained in nationwide protests despite a warning from U.S. President Donald Trump.

The comments from Iran’s judiciary chief Gholamhossein Mohseni-Ejei come as activists had warned hangings of those detained could come soon. Already, a bloody security force crackdown on the demonstrations has killed at least 2,571, the U.S.-based Human Rights Activists News Agency reported. That figure dwarfs the death toll from any other round of protest or unrest in Iran in decades and recalls the chaos surrounding the country’s 1979 Islamic Revolution.

Trump repeatedly has warned that the United States may take military action over the killing of peaceful protesters, just months after it bombed Iranian nuclear sites during a 12-day war launched by Israel against the Islamic Republic in June.

Meanwhile Wednesday, Iran held a mass funeral of some 100 security force members killed in the demonstrations after authorities earlier said it would be 300. Tens of thousands of mourners attended, holding Iranian flags and photos of Ayatollah Ali Khamenei. The caskets, covered in Iranian flags, stood stacked at least three high. Red and white roses and framed photographs of people who were killed covered them.

People elsewhere remained fearful in the streets. Plainclothes security forces still milled around some neighborhoods, though anti-riot police and members of the paramilitary Revolutionary Guard's all-volunteer Basij force appeared to have been sent back to their barracks.

“We are very frightened because of these sounds (of gunfire) and protests,” said one mother of two children shopping for fruits and vegetables Wednesday, who spoke on condition of anonymity for fear of reprisals. “We have heard many are killed and many are injured. Now peace has been restored but schools are closed and I’m scared to send my children to school again.”

Ahmadreza Tavakoli, 36, told The Associated Press he witnessed one demonstration in Tehran and was shocked by the use of firearms by authorities.

“People were out to express themselves and protest, but quickly it turned into a war zone,” Tavakoli said. “The people do not have guns. Only the security forces have guns.”

Mohseni-Ejei made the comment in a video shared by Iranian state television online.

“If we want to do a job, we should do it now. If we want to do something, we have to do it quickly,” he said. “If it becomes late, two months, three months later, it doesn’t have the same effect. If we want to do something, we have to do that fast.”

His comments stand as a direct challenge to Trump, who warned Iran about executions an interview with CBS aired Tuesday.

“We will take very strong action,” Trump said. “If they do such a thing, we will take very strong action.”

“We don’t want to see what’s happening in Iran happen. And you know, if they want to have protests, that’s one thing, when they start killing thousands of people, and now you’re telling me about hanging — we’ll see how that works out for them. It’s not going to work out good.”

One Arab Gulf diplomat told the AP that major Mideast governments had been discouraging the Trump administration from launching a war now with Iran, fearing “unprecedented consequences” for the region that could explode into a “full-blown war.” The diplomat spoke on condition of anonymity because he wasn't authorized to speak to journalists.

Meanwhile, activists said Wednesday that Starlink was offering free service in Iran. The satellite internet service has been key in getting around an internet shutdown launched by the theocracy on Jan. 8. Iran began allowing people to call out internationally on Tuesday via their mobile phones, but calls from people outside the country into Iran remain blocked.

“We can confirm that the free subscription for Starlink terminals is fully functional,” said Mehdi Yahyanejad, a Los Angeles-based activist who has helped get the units into Iran. “We tested it using a newly activated Starlink terminal inside Iran.”

Starlink itself did not immediately acknowledge the decision.

Security service personnel also apparently were searching for Starlink dishes, as people in northern Tehran reported authorities raiding apartment buildings with satellite dishes. While satellite television dishes are illegal, many in the capital have them in homes, and officials broadly had given up on enforcing the law in recent years.

The Human Rights Activists News Agency said 2,403 of the dead were protesters and 147 were government-affiliated. Twelve children were killed, along with nine civilians it said were not taking part in protests. More than 18,100 people have been detained, the group said.

Gauging the demonstrations from abroad has grown more difficult, and the AP has been unable to independently assess the toll given the communications being disrupted in the country.

Associated Press writers Melanie Lidman in Jerusalem and Samy Magdy in Cairo contributed to this report.

FILE - This frame grab from footage circulating on social media shows protesters dancing and cheering around a bonfire as they take to the streets despite an intensifying crackdown as the Islamic Republic remains cut off from the rest of the world, in Tehran, Iran, Jan. 9, 2026. (UGC via AP, File)

FILE - This frame grab from footage circulating on social media shows protesters dancing and cheering around a bonfire as they take to the streets despite an intensifying crackdown as the Islamic Republic remains cut off from the rest of the world, in Tehran, Iran, Jan. 9, 2026. (UGC via AP, File)

FILE - In this photo released by an official website of the office of the Iranian supreme leader, Supreme Leader Ayatollah Ali Khamenei speaks in a ceremony to mark the Shiite holiday of Eid al-Ghadir, in Tehran, Iran, Tuesday, June 25, 2024. (Office of the Iranian Supreme Leader via AP, File)

FILE - In this photo released by an official website of the office of the Iranian supreme leader, Supreme Leader Ayatollah Ali Khamenei speaks in a ceremony to mark the Shiite holiday of Eid al-Ghadir, in Tehran, Iran, Tuesday, June 25, 2024. (Office of the Iranian Supreme Leader via AP, File)

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