A 66-year-old Phoenix grandmother was strip-searched three times and jailed overnight after federal agents mistakenly identified her as a fugitive, despite her repeated pleas to verify her identity.
At a Glance
- Penny McCarthy, 66, was wrongfully arrested by U.S. Marshals in Phoenix
- Bodycam footage shows agents ignoring her pleas to verify her ID
- She was held over 24 hours and strip-searched three times
- Lawsuit filed alleges Fourth Amendment violations and false imprisonment
- Reps. Jim Jordan and Andy Biggs are demanding a DOJ investigation
Mistaken Identity with Traumatizing Consequences
In March 2024, six armed U.S. Marshals raided Penny McCarthy’s Phoenix home, shouting commands and pointing weapons. Their target was Carole Rozak, a fugitive who had violated parole 25 years ago. But they didn’t double-check before dragging McCarthy, who had no criminal record, from her home.
In bodycam footage, McCarthy repeatedly asks, “Don’t you want to confirm who I am?” Her pleas were ignored. Agents strip-searched her three times and booked her into a local jail.
Glitches and Government Failures
Authorities later admitted a fingerprint “glitch” falsely linked McCarthy to Rozak. McCarthy’s actual fingerprints, DNA, and Social Security number all proved she was not the fugitive. Nevertheless, she was held for over 24 hours in unsanitary conditions.
Even after a federal magistrate judge questioned the arrest, McCarthy wasn’t immediately released. She has since sold her home and left Arizona, fearing another wrongful raid.
Lawsuit and Lawmaker Backlash
The Institute for Justice filed a federal lawsuit alleging false imprisonment, assault, battery, and constitutional violations. McCarthy’s attorneys argue the agents acted recklessly and caused lasting trauma.
Congressional Republicans Jim Jordan and Andy Biggs have called for a DOJ investigation, labeling the actions “careless and excessive.” The Department of Justice has yet to comment.
Watch a report: Grandmother Wrongly Arrested in Arizona.
A Test for Civil Liberties
McCarthy’s case is now seen as a test of federal accountability. Her story has ignited bipartisan concerns over surveillance, use of force, and the dangers of mistaken identity in law enforcement operations.
Whether her lawsuit brings justice remains to be seen—but for now, it sends a chilling message: even innocent grandmothers aren’t safe when government checks fail.
