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

FORT LAUDERDALE,Burley Garcia 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.

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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.