NYPD Moves To Settle Lawsuits Over Muslim Surveillance

In 2013, two separate lawsuits accused the NYPD of blanket surveillance of Muslims that violated the constitution and a consent decree that sprang from the department's surveillance of anti-war and civil rights groups in the Vietnam War-era.

After months of closed-door negotiations, there is a proposed settlement to resolve both cases. It prohibits investigations based on race or religion, limits the use of undercover and confidential informants, and creates a civilian monitor to offer guidance on the legality of counterterrorism investigations.

“It's especially important now as we face challenges to our safety and security and to the fundamental civil rights of the Muslim community in the aftermath of recent world events,” said Donna Lieberman, executive director of the New York Civil Liberties Union, which represented Muslim residents and organizations in a 2013 lawsuit alleging discrimination.

NYCLU was also involved in Handschu v. Special Services Division — a lawsuit filed in 1971 over the NYPD’s surveillance of political dissidents and anti-war groups. That lawsuit settled, and resulted in a 1985 consent decree setting rules “governing investigation of political activity by the NYPD,” according to court records.

Attorneys in that case, which is still open, filed papers in 2013 alleging the city’s surveillance of Muslims violated the rules, which allow the NYPD to visit places open to the public but bar the creation of dossiers not relating to illegal activity.

The proposed settlement should resolve the claims in both lawsuits. A federal judge needs to approve the agreement.

The NYPD released a statement from Commissioner William Bratton:

“This is the latest step in the continuing efforts to build and maintain trust within the City's Muslim community and with all New Yorkers,” Bratton said. “The Handschu Consent Decree has long represented a clear set of rules for conducting investigations into certain unlawful activity. Incorporating existing NYPD practices into the Handschu Guidelines makes it easier to maintain best practices in intelligence gathering and investigations. The modifications also bring the guidelines closer in line with FBI practices, which is helpful in working collaboratively with our federal partners. The addition of a civilian member to the Handschu Committee is also a key part of the settlement, as it will increase trust in the Handschu process."