Case: Hassan v. City of New York

2:12-cv-03401 | U.S. District Court for the District of New Jersey

Filed Date: June 6, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On June 6, 2012, several individuals and organizations affiliated with New Jersey's Muslim community filed this lawsuit in the U.S. District Court for the District of New Jersey under 42 U.S.C. § 1983 against the City of New York. The plaintiffs, represented by private counsel and the public interest organization Muslim Advocates, alleged they had been subjected to illegal surveillance (in New Jersey) by the New York City Police Department solely because of their religion. The case was assigne…

On June 6, 2012, several individuals and organizations affiliated with New Jersey's Muslim community filed this lawsuit in the U.S. District Court for the District of New Jersey under 42 U.S.C. § 1983 against the City of New York. The plaintiffs, represented by private counsel and the public interest organization Muslim Advocates, alleged they had been subjected to illegal surveillance (in New Jersey) by the New York City Police Department solely because of their religion. The case was assigned to Judge William J. Martini.

According to the complaint (amended once to include additional plaintiffs), the NYPD initiated a spying program in early 2002 to monitor Muslim life in and around New York City. The monitoring entailed taking photographs and videos, recording license plate numbers, and utilizing undercover officers and informants. The plaintiffs were among the targets of the program; numerous New Jersey mosques, as well as restaurants, retail stores, student associations, and grade schools associated with the Muslim community were also identified as targets of the NYPD. Non-Muslim communities had apparently not been subject to such monitoring.

The result, the plaintiffs claimed, was that the NYPD had discriminated against them on the basis of their religion, in violation of the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs further alleged the NYPD's surveillance--in singling out Muslims--was not neutral with respect to religion or general applicability and thus contravened the Free Exercise and Establishment Clauses of the First Amendment. Accordingly, the plaintiffs requested: (1) declaratory judgment that the NYPD's surveillance violates both the First and Fourteenth Amendments, (2) injunctive relief forbidding the NYPD from targeting the plaintiffs for surveillance solely because of their religion, and (3) an order to expunge all records relating to the plaintiffs obtained through the NYPD's surveillance.

The defendant moved to dismiss in December 2012. The court granted the motion on February 20, 2014, finding the plaintiffs had neither established standing nor pled facts sufficient to state a claim for discrimination. As to the issue of standing, the court held there had been no injury, explaining plaintiffs' claims mirrored those of the plaintiffs in Laird v. Tatum, 408 U.S. 1 (1972), where no injury was found--the asserted "chilling effect" was insufficiently strong to count. Moreover, the court held there was no causation, accepting defendant's argument that the Associated Press, not defendant, was principally responsible for plaintiffs' alleged injuries, because it was the AP that made the surveillance public and therefore known to the plaintiffs. Finally, as to the claims of discrimination, the Court explained that the plaintiffs, under Iqbal, needed to plead sufficient facts to show the NYPD's surveillance was conducted with a discriminatory--rather than investigative--purpose. But the court found the plaintiffs had not done so: "The more likely explanation for the surveillance was a desire to locate budding terrorist conspiracies." Hassan v. City of New York, 2014 WL 654604, at *7 (D.N.J. Feb. 20, 2014)

On October 13, 2015, the Third Circuit (Judge Thomas L. Ambro, Judge Julio M. Fuentes, and Judge Jane R. Roth) reversed the District Court's judgment and the case remanded to the District Court for further proceeding. Hassan v. City of New York, 804 F.3d 277 (3d Cir. 2015). In an opinion by Judge Ambro, the Third Circuit found sufficient particularized injury to support jurisdiction in the case. In addition, the Court found that the constitutional claims had been adequately pled:

While the City compares Plaintiffs' claims to the conclusory allegations in Iqbal, those were far from what we have here. In our case, Plaintiffs allege specifics about the Program, including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed (because of the belief "that Muslim religious identity... is a permissible proxy for criminality," Compl. ¶ 36). The Complaint also articulates the "variety of methods" by which the surveillance is carried out. See, e.g., id.¶ 39 ("tak[ing] videos and photographs at mosques, Muslim owned businesses and schools"); id. ("monitor[ing Muslim] websites, listservs, and chat rooms"); id. ¶ 46 ("snap[ping] pictures, tak[ing] video, and collect[ing] license plate numbers of congregants as they arrive at mosques to pray"); id. ¶ 47 ("us[ing] undercover officers... to monitor daily life in [Muslim] neighborhoods ... and sermons and conversations in mosques"); id. ¶ 49 ("plac[ing] informants or undercover officers in all or virtually all MSAs"). These allegations are hardly "bare assertions ... amount[ing] to nothing more than a `formulaic recitation of the elements' of a constitutional discrimination claim."Iqbal, 556 U.S. at 681, 129 S.Ct. 1937 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. at 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
In addition, the Court emphasized that the District Court had erred in its understanding of the Equal Protection Clause: "While the absence of a legitimate motive may bear on whether the challenged surveillance survives the appropriate level of equal-protection scrutiny, "intentional discrimination" need not be motivated by 'ill will, enmity, or hostility' to contravene the Equal Protection Clause." Religious discrimination is unconstitutional, said the court, unless it satisfies the "strict scrutiny" test. Plaintiffs had said enough to survive dismissal under this test. The Court concluded:
What occurs here in one guise is not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African-Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that "[l]oyalty is a matter of the heart and mind[,] not race, creed, or color." Ex parte Mitsuye Endo, 323 U.S. 283, 302, 65 S.Ct. 208, 89 L.Ed. 243 (1944)."
(Judge Roth concurred, arguing that intermediate rather than strict scrutiny was applicable, but agreeing that the District Court erred and the case should be remanded to proceed towards trial.)

The case was reopened in the District Court on November 6, 2015. The defendants answered the complaint on January 15, 2016. On February 4, 2016, the parties met and conferred and agreed to resolve the matter through settlement. Settlement discussions continued for two years. One of the named plaintiffs voluntarily dismissed her claims on October 27, 2017.

The parties reported settlement of the matter at a February 20, 2018 settlement conference, and Judge Martini ordered administrative termination of the action. Pursuant to the order, the case was to be automatically dismissed 60 days from February 20, 2018, unless the parties filed for dismissal, or requested that the case be reopened for failure to consummate the settlement, prior to that time.

In the settlement agreement the defendants agreed to the following policy changes:

- the defendants shall act in accordance with the Revised Handschu Guidelines

- the defendants will provide the plaintiffs with the full draft of the Proposed Policy Guide; the defendants will meaningfully consider Plaintiffs’ recommendations and proposed revisions and will respond to them in writing or meet and confer with Plaintiffs’ Counsel on a timely basis after receiving recommendations and proposed revisions

- the defendants will make public, with necessary redactions, the final version of the Proposed Policy Guide within 60 days of finalizing revisions

- the defendants will include in the Proposed Policy Guide a written protocol setting forth the manner in which the NYPD Intelligence Bureau will fully comply, absent exigent circumstances, with N.J.S.A. 2A:156A-35 through -37 regarding proposed entry into New Jersey for law enforcement purposes

- the defendants agree that the Revised Handschu Training PowerPoint shall positively emphasize the City’s stated interest and obligation in protecting the Equal Protection and First Amendment rights of all individuals regardless of race, ethnicity or religion, and avoiding racial, ethnic and religious stereotyping

- the defendants will provide Plaintiffs’ Counsel the opportunity to provide suggested changes and comments which Defendant will meaningfully consider incorporating into the Revised Handschu Training PowerPoint

- the defendants agree to disclose all of the Zone Assessment Unit’s (f/k/a the

Demographics Unit) DD5s, “Weekly MSA Reports,” and all other documents created or

maintained by the NYPD Intelligence Bureau, except Handschu investigative statements, if any, regarding Plaintiffs to Plaintiffs’ counsel for their review and thereafter to use reasonable and diligent efforts to expunge them permanently from the NYPD Intelligence Bureau information systems. Defendant further agrees to seal and archive the Demographic reports of Muslim communities in New Jersey and make them available to members of the NYPD only with approval of the Deputy Commissioner for Legal Matters, Deputy Commissioner for Intelligence and Counterterrorism, Chief of Intelligence or the Executive Officer of the Intelligence Bureau.

- the defendants agree that a high-ranking official from the Intelligence Bureau, shall attend a public meeting in New York City where the plaintiffs and members of the Plaintiffs’ community in New Jersey will have the opportunity to speak directly with the designated representatives of the city

- the defendants will issue a statement affirming that it exercises care in the

conduct of investigations involving political activity so as to protect constitutional rights,

including the right to be free from investigation in which race, religion or ethnicity is a

substantial or motivating factor

In addition, the defendants agreed to pay a combined $52,500 to the plaintiffs and $950,000 in attorneys' fees.

On April 11, 2018 Judge William J. Martini signed an order approving the settlement and dismissing the case with prejudice.

Summary Authors

David Postel (3/31/2014)

Daniel Fryer (3/27/2016)

Sarah McDonald (3/16/2018)

Jake Parker (7/11/2018)

Anna Belkin (10/29/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4310716/parties/hassan-v-the-city-of-new-york/


Judge(s)

Ambro, Thomas L. (Delaware)

Falk, Mark (New Jersey)

Martini, William J. (New Jersey)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Bhalla, Ravinder S. (New Jersey)

Farah, Omar (New York)

Katon, Glenn M. (California)

Khera, Farhana (California)

Lustberg, Lawrence S. (New Jersey)

Schwarz, Ghita (New York)

Judge(s)

Ambro, Thomas L. (Delaware)

Falk, Mark (New Jersey)

Martini, William J. (New Jersey)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Bhalla, Ravinder S. (New Jersey)

Farah, Omar (New York)

Katon, Glenn M. (California)

Khera, Farhana (California)

Lustberg, Lawrence S. (New Jersey)

Schwarz, Ghita (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Carter, Zachary W. (New York)

Farrell, Peter Girard (New York)

Documents in the Clearinghouse

Document

2:12-cv-03401

Docket [PACER]

Hassan v. The City of New York

April 11, 2018

April 11, 2018

Docket
1

2:12-cv-03401

Complaint

June 6, 2012

June 6, 2012

Complaint
10

2:12-cv-03401

First Amended Complaint

Oct. 3, 2012

Oct. 3, 2012

Complaint
15

2:12-cv-03401

Notice of Motion to Dismiss the First Amended Complaint with Prejudice

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief
22

2:12-cv-03401

Plaintiffs' Brief in Opposition to Motion to Dismiss

Jan. 25, 2013

Jan. 25, 2013

Pleading / Motion / Brief
40

2:12-cv-03401

Opinion

2014 WL 654604

Feb. 20, 2014

Feb. 20, 2014

Order/Opinion

0:14-01688

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

804 F.3d 277

Oct. 13, 2015

Oct. 13, 2015

Order/Opinion
45

2:12-cv-03401

Order on Mandate; case reopened

Nov. 6, 2015

Nov. 6, 2015

Order/Opinion
88

2:12-cv-03401

Stipulation of Settlement

April 5, 2018

April 5, 2018

Settlement Agreement
89

2:12-cv-03401

Stipulation and Order of Dismissal

April 11, 2018

April 11, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4310716/hassan-v-the-city-of-new-york/

Last updated June 1, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against THE CITY OF NEW YORK (Filing fee $ 350) with JURY DEMAND, filed by MUSLIM FOUNDATION INC., THE COUNCIL OF IMAMS IN NEW JERSEY, ALL BODY SHOP INSIDE & OUTSIDE, UNITY BEEF SAUSAGE COMPANY, JANE DOE, SYED FARHAJ HASSAN, MOIZ MOHAMMED, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC.. (Attachments: # 1 Supplement, # 2 Civil Cover Sheet)(ld, ) (Entered: 06/07/2012)

1 Supplement

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2 Civil Cover Sheet

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June 6, 2012

June 6, 2012

RECAP
2

Corporate Disclosure Statement by ALL BODY SHOP INSIDE & OUTSIDE, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY identifying NONE as Corporate Parent.. (ld, ) (Entered: 06/07/2012)

June 6, 2012

June 6, 2012

PACER
3

SUMMONS ISSUED as to THE CITY OF NEW YORK Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *LEROY DUNBAR* (ld, ) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
4

APPLICATION/MOTION to Intervene as Pltf. by GINA ROMANO. (sr, ) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
5

MOTION for Leave to Appear Pro Hac Vice by ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC.. (Attachments: # 1 Motion, # 2 Certification of Glenn Katon, # 3 Certification of Farhana Khan, # 4 Certification of Ravinder S. Bhalla, # 5 Text of Proposed Order)(BHALLA, RAVINDER) (Entered: 06/28/2012)

1 Motion

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2 Certification of Glenn Katon

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3 Certification of Farhana Khan

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4 Certification of Ravinder S. Bhalla

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5 Text of Proposed Order

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June 28, 2012

June 28, 2012

PACER

Set Deadline as to 5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/6/2012 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

June 28, 2012

June 28, 2012

PACER
6

RESPONSE in Opposition filed by ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC. re 5 MOTION for Leave to Appear Pro Hac Vice Corrected: Motion to Intervene (Attachments: # 1 Text of Proposed Order)(BHALLA, RAVINDER) (Entered: 07/19/2012)

1 Text of Proposed Order

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July 19, 2012

July 19, 2012

PACER
7

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice re: Glenn Katon & Farhana Khera. Signed by Magistrate Judge Madeline C. Arleo on 7/30/12. (sr, ) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER

Pro Hac Vice fee: $ 300, receipt number NEW014337 Re: Farhana Khera & Glenn Katon. (sr, )

Aug. 14, 2012

Aug. 14, 2012

PACER
8

NOTICE of Appearance by RAVINDER S. BHALLA on behalf of All Plaintiffs (BHALLA, RAVINDER) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
9

Request for Summons to be Issued by MUSLIM FOUNDATION INC., ALL BODY SHOP INSIDE & OUTSIDE, JANE DOE, SYED FARHAJ HASSAN, MOIZ MOHAMMED, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC. as to All Plaintiffs. (BHALLA, RAVINDER) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
10

AMENDED COMPLAINT against THE CITY OF NEW YORK, filed by MUSLIM FOUNDATION INC., THE COUNCIL OF IMAMS IN NEW JERSEY, ALL BODY SHOP INSIDE & OUTSIDE, UNITY BEEF SAUSAGE COMPANY, JANE DOE, SYED FARHAJ HASSAN, MOIZ MOHAMMED, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, ZAIMAH ABDUR-RAHIM, ABDUL-HAKIM ABDULLAH.(BHALLA, RAVINDER) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

RECAP
11

AFFIDAVIT of Service for Summons, Amended Complaint served on City of New York on 10/4/12, filed by ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY. (BHALLA, RAVINDER) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER

Answer Due Deadline Update - RE: 11 Affidavit of Service as to THE CITY OF NEW YORK. The answer due date has been set for 10/25/12. (sr, )

Oct. 19, 2012

Oct. 19, 2012

PACER
12

Application and Proposed Order for Clerk's Order to extend time to answer Attorney PETER G. FARRELL for THE CITY OF NEW YORK added. (FARRELL, PETER) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER

Clerk`s Text Order - The document 12 Application for Clerk's Order to Ext Answer/Proposed Order submitted by THE CITY OF NEW YORK has been GRANTED. The answer due date has been set for 11/8/12. (sr, )

Oct. 23, 2012

Oct. 23, 2012

PACER
13

MOTION for Extension of Time to File Answer by THE CITY OF NEW YORK. (FARRELL, PETER) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
14

ORDER extending defts time to answer amended complaint until 12/6/12. Signed by Judge Susan D. Wigenton on 11/7/12. (sr, ) (Entered: 11/08/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
15

MOTION to Dismiss First Amended Complaint pursuant to FRCP 12(b)(6) and 12(b)(1) by THE CITY OF NEW YORK. Responses due by 12/26/2012 (Attachments: # 1 Brief in Support of Motion To Dismiss, # 2 Declaration of Peter G. Farrell with Exhibits, # 3 Text of Proposed Order, # 4 Certificate of Service)(FARRELL, PETER) (Entered: 12/06/2012)

1 Brief in Support of Motion To Dismiss

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2 Declaration of Peter G. Farrell with Exhibits

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3 Text of Proposed Order

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4 Certificate of Service

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Dec. 6, 2012

Dec. 6, 2012

PACER

Set Deadline as to 15 MOTION to Dismiss First Amended Complaint pursuant to FRCP 12(b)(6) and 12(b)(1). Motion set for 1/7/2013 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

Dec. 7, 2012

Dec. 7, 2012

PACER
16

Letter re 15 MOTION to Dismiss First Amended Complaint pursuant to FRCP 12(b)(6) and 12(b)(1). (BHALLA, RAVINDER) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
17

TEXT ORDER granting 16 letter request. Ordered by Judge Susan D. Wigenton on 12/27/12. (ak, ) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
18

NOTICE of Appearance by BAHER AZMY on behalf of All Plaintiffs (AZMY, BAHER) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

PACER
19

Notice of Request by Pro Hac Vice Glenn Katon to receive Notices of Electronic Filings. (BHALLA, RAVINDER) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
20

Notice of Request by Pro Hac Vice Farhana Khera to receive Notices of Electronic Filings. (BHALLA, RAVINDER) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
21

MOTION for Leave to Appear Pro Hac Vice by ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY. (Attachments: # 1 Certification Azmy Cert in Support of Pro Hac Appearances, # 2 Certification Farah Cert in Support of Pro Hac Appearance, # 3 Certification Schwarz Cert in Support of Pro Hac Apperance)(AZMY, BAHER) (Entered: 01/25/2013)

1 Certification Azmy Cert in Support of Pro Hac Appearances

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2 Certification Farah Cert in Support of Pro Hac Appearance

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3 Certification Schwarz Cert in Support of Pro Hac Apperance

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Jan. 25, 2013

Jan. 25, 2013

PACER
22

BRIEF in Opposition filed by ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY re 15 MOTION to Dismiss First Amended Complaint pursuant to FRCP 12(b)(6) and 12(b)(1) (Attachments: # 1 Declaration Decl. of Glenn Katon, Esq., # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F)(AZMY, BAHER) (Entered: 01/25/2013)

1 Declaration Decl. of Glenn Katon, Esq.

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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Jan. 25, 2013

Jan. 25, 2013

PACER

CLERK'S TEXT NOTE - DOCKET ENTRY NO. 21 WAS SUBMITTED IN ERROR. PLEASE DISREGARD. (dc, )

Jan. 25, 2013

Jan. 25, 2013

PACER
23

MOTION for Leave to Appear Pro Hac Vice by ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY. (Attachments: # 1 Certification Azmy Cert in Support of Pro Hac Appearances, # 2 Certification Farah Cert in Support of Pro Hac Appearance, # 3 Certification Schwarz Cert in Support of Pro Hac Apperance, # 4 Text of Proposed Order Proposed Order Re Farah & Schwarz Pro Hac Appearance)(AZMY, BAHER) (Entered: 01/28/2013)

1 Certification Azmy Cert in Support of Pro Hac Appearances

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2 Certification Farah Cert in Support of Pro Hac Appearance

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3 Certification Schwarz Cert in Support of Pro Hac Apperance

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4 Text of Proposed Order Proposed Order Re Farah & Schwarz Pro Hac Appearance

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Jan. 28, 2013

Jan. 28, 2013

PACER

Set Deadline as to 23 MOTION for Leave to Appear Pro Hac Vice . Motion set for 3/4/2013 before Judge Susan D. Wigenton. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )

Jan. 30, 2013

Jan. 30, 2013

PACER
24

ORDER granting 23 Motion for Leave to Appear Pro Hac Vice RE: Omar Farah & Ghita Schwarz. Signed by Magistrate Judge Madeline C. Arleo on 1/30/13. (sr, ) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
25

MOTION for Extension of Time to File Response/Reply on Defendant's Motion to Dismiss the First Amended Complaint by THE CITY OF NEW YORK. (FARRELL, PETER) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
26

ORDER granting an extension of time for the City of NY to submit reply on its' Motion to Dismiss the Amended Complaint until 2/22/13. Signed by Judge Susan D. Wigenton on 2/11/13. (sr, ) (Entered: 02/13/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
27

Mail Returned as Undeliverable. Mail sent to Gina Romano (sr, ) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
28

Notice of Request by Pro Hac Vice Ghita Schwarz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4837914.) (AZMY, BAHER) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
29

Notice of Request by Pro Hac Vice Omar A. Farah to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4837986.) (AZMY, BAHER) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
30

ORDER permitting deft City of NY an extension of time to submit reply Re: Motion to Dismiss until 2/22/13. Signed by Judge Susan D. Wigenton on 2/19/13. (sr, ) (Entered: 02/21/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
31

Consent MOTION for Extension of Time to File Response/Reply Brief on Defendant's Motion to Dismiss, Consent MOTION for Leave to File Excess Pages on Reply Brief by THE CITY OF NEW YORK. (FARRELL, PETER) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
32

ORDER granting the City of NY's request for an an extension of time to submit a reply on its' motion to dismiss until 2/22/13. Signed by Magistrate Judge Madeline C. Arleo on 2/20/13. (sr, ) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
33

TEXT ORDER re 31 Consent MOTION for Extension of Time to File Response/Reply Brief on Defendant's Motion to Dismiss Consent MOTION for Leave to File Excess Pages on Reply Brief filed by THE CITY OF NEW YORK; is hereby GRANTED.ORDERED by Judge Susan D. Wigenton on 2/22/13. (cds, ) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
34

REPLY BRIEF to Opposition to Motion filed by THE CITY OF NEW YORK re 15 MOTION to Dismiss First Amended Complaint pursuant to FRCP 12(b)(6) and 12(b)(1) (FARRELL, PETER) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
35

Mail Returned as Undeliverable. Mail sent to Gina Romano (sr, ) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
36

ORDER REASSIGNING CASE. Case reassigned to Judge William J. Martini and Magistrate Judge Mark Falk for all further proceedings. Judge Susan D. Wigenton, Magistrate Judge Madeline C. Arleo no longer assigned to case. Signed by Chief Judge Jerome B. Simandle on 4/22/13. (ak, ) (Entered: 04/23/2013)

April 22, 2013

April 22, 2013

PACER
37

Letter from Baher Azmy to Judge Martini. (AZMY, BAHER) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

PACER
38

Letter from B. Azmy Regarding Supplemental Authority. (AZMY, BAHER) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

RECAP
39

Letter from Baher Azmy, Esq., counsel for Plaintiffs. (AZMY, BAHER) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

RECAP
40

OPINION. Signed by Judge William J. Martini on 2/20/14. (gh, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

RECAP
41

ORDER granting 15 Motion to Dismiss ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 2/20/14. (gh, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

RECAP
42

NOTICE OF APPEAL as to 40 Opinion, 41 Order on Motion to Dismiss by ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, ALL BODY SHOP INSIDE & OUTSIDE, SYED FARHAJ HASSAN, JANE DOE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SOOFIA TAHIR, THE COUNCIL OF IMAMS IN NEW JERSEY, UNITY BEEF SAUSAGE COMPANY. Filing fee $ 505, receipt number 0312-5575520. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (AZMY, BAHER) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

RECAP
43

USCA Case Number 14-1688 for 42 Notice of Appeal (USCA) filed by ALL BODY SHOP INSIDE & OUTSIDE, ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, MUSLIM FOUNDATION INC., UNITY BEEF SAUSAGE COMPANY, MOIZ MOHAMMED, THE COUNCIL OF IMAMS IN NEW JERSEY, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SYED FARHAJ HASSAN, JANE DOE, SOOFIA TAHIR. USCA Case Manager Tina (Document Restricted - Court Only)(ca3tmk) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER
44

MANDATE of USCA as to 42 Notice of Appeal (USCA),, filed by ALL BODY SHOP INSIDE & OUTSIDE, ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, MUSLIM FOUNDATION INC., UNITY BEEF SAUSAGE COMPANY, MOIZ MOHAMMED, THE COUNCIL OF IMAMS IN NEW JERSEY, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., SYED FARHAJ HASSAN, JANE DOE, SOOFIA TAHIR (Finance notified) (Attachments: # 1 Opinion, # 2 Clerk Letter to District Court)(om3) (Entered: 11/04/2015)

1 Opinion

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2 Clerk Letter to District Court

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Nov. 4, 2015

Nov. 4, 2015

PACER

Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 11/4/15. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (gh, )

Nov. 6, 2015

Nov. 6, 2015

PACER
45

ORDER on mandate; case reopened. Signed by Judge William J. Martini on 11/6/15. (gh, ) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
46

MOTION for Extension of Time to File Answer by THE CITY OF NEW YORK. (FARRELL, PETER) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
47

ORDER granting extension of time to answer the First Amended Complaint to December 18, 2015. Signed by Magistrate Judge Mark Falk on 11/18/15. (LM, ) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
48

Second MOTION for Extension of Time to File Answer by THE CITY OF NEW YORK. (FARRELL, PETER) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
49

Letter from Baher Azmy to Judge Martini in opposition to 48 application for extension of time. (AZMY, BAHER) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
50

TEXT ORDER: Per the conference call held this morning, Defendants shall answer the amended complaint on or before January 15, 2016. So Ordered by Magistrate Judge Mark Falk on 12/18/15. (LM, ) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
51

ANSWER to Amended Complaint by THE CITY OF NEW YORK.(FARRELL, PETER) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
52

ORDER: Scheduling Conference set for 3/2/2016 at 11:00 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 2/2/16. (LM, ) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
53

Letter from Defendant and Plaintiffs Jointly Requesting Extension. (FARRELL, PETER) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
54

TEXT ORDER: Upon review of the letter dated February 18, 2016, the joint requests for an extension of applicable deadlines and to adjourn the March 2, 2016 conference are GRANTED. There shall be a status conference via telephone before the Undersigned on March 29, 2016, at 10:00 a.m. Defendant's counsel shall arrange and initiate the conference call. So Ordered by Magistrate Judge Mark Falk on 2/18/16. (LM, ) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
55

NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of ABDUL-HAKIM ABDULLAH, MUSLIM STUDENTS ASSOCIATION OF THE U.S. AND CANADA, INC., THE COUNCIL OF IMAMS IN NEW JERSEY (LUSTBERG, LAWRENCE) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
56

NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of ALL BODY SHOP INSIDE & OUTSIDE, MOIZ MOHAMMED, MUSLIM FOUNDATION INC., UNITY BEEF SAUSAGE COMPANY (LUSTBERG, LAWRENCE) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
57

NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of ABDUL-HAKIM ABDULLAH, ZAIMAH ABDUR-RAHIM, JANE DOE, SOOFIA TAHIR (LUSTBERG, LAWRENCE) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
58

NOTICE of Appearance by LAWRENCE S. LUSTBERG on behalf of SYED FARHAJ HASSAN (LUSTBERG, LAWRENCE) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
59

Letter from Lawrence Lustberg. (LUSTBERG, LAWRENCE) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
60

Letter from Lawrence S. Lustberg. (Attachments: # 1 Declaration of Aziz Huq, # 2 Declaration of Lawrence S. Lustberg, # 3 Text of Proposed Order, # 4 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 03/28/2016)

1 Declaration of Aziz Huq

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2 Declaration of Lawrence S. Lustberg

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3 Text of Proposed Order

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4 Certificate of Service

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March 28, 2016

March 28, 2016

PACER
61

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on June 14, 2016 at 11:30 a.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 3/29/16. (LM, ) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
62

ORDER permitting Aziz Huq to appear pro hac vice. Signed by Magistrate Judge Mark Falk on 3/29/16. (sr, ) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER

Pro Hac Vice fee: $ 150, receipt number NEW029142 RE: Aziz Huq (sr, )

March 29, 2016

March 29, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 3/29/2016. (LM, )

March 29, 2016

March 29, 2016

PACER
63

Letter from Lawrence S. Lustberg. (Attachments: # 1 Text of Proposed Order)(LUSTBERG, LAWRENCE) (Entered: 03/30/2016)

1 Text of Proposed Order

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March 30, 2016

March 30, 2016

PACER
64

Notice of Request by Pro Hac Vice Aziz Huq to receive Notices of Electronic Filings. (LUSTBERG, LAWRENCE) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER

Pro Hac Vice counsel, AZIZ HUQ, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )

April 1, 2016

April 1, 2016

PACER
65

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Mark Falk on 3/31/16. (sr, ) (NM) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 6/14/2016. (LM, )

June 14, 2016

June 14, 2016

PACER
66

Letter from Lawrence S. Lustberg. (Attachments: # 1 Text of Proposed Order)(LUSTBERG, LAWRENCE) (Entered: 06/16/2016)

1 Text of Proposed Order

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June 16, 2016

June 16, 2016

PACER
67

CONSENT ORDER, that discovery in this matter shall be stayed for an additional periodof 90 days, in order so that the parties can continue to exchange information informally and discuss a potential amicable resolution of this matter, and scheduling a telephone Status Conference on 9/13/2016 10:00 AM before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 6/20/16. (sr, ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
68

Mail Returned as Undeliverable. Mail sent to Gina Romano (sr, ) (Entered: 07/08/2016)

July 7, 2016

July 7, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 9/13/2016. (LM, )

Sept. 13, 2016

Sept. 13, 2016

PACER
69

ORDER scheduling an in-person conference on 12/20/16 at 10:30 a.m. Signed by Magistrate Judge Mark Falk on 9/13/16. (sr, ) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
70

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 20, 2016 at 2:45 p.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 10/18/16. (LM, ) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 10/20/2016. (LM, )

Oct. 20, 2016

Oct. 20, 2016

PACER
71

Letter from Lawrence S. Lustberg. (LUSTBERG, LAWRENCE) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
72

TEXT ORDER: Please be advised that the in-person conference before the Undersigned on December 20, 2016 will now proceed as a telephone conference at 10:30 a.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 12/19/16. (LM, ) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 12/20/2016. (LM, )

Dec. 20, 2016

Dec. 20, 2016

PACER
73

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on February 10, 2017 at 3:15 p.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 12/22/16. (LM, ) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
74

TEXT ORDER: Please be advised that the telephone conference before the Undersigned on 2/10/2017 is hereby rescheduled to February 22, 2017 at 3:00 p.m. The same requirements stated in the Court's prior order apply. Ordered by Magistrate Judge Mark Falk on 1/30/17.(LM, ) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 2/22/2017. (LM, )

Feb. 22, 2017

Feb. 22, 2017

PACER
75

ORDER, scheduling an in-person Settlement Conference on 4/18/2017 02:30 PM before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 2/23/17. (sr, ) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
76

Letter from Lawrence S. Lustberg. (LUSTBERG, LAWRENCE) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
77

TEXT ORDER: Please be advised that the in-person conference before the Undersigned on 4/18/17 is hereby rescheduled to May 23, 2017 at 9:45 a.m. The same requirements stated in the Court's prior order apply. Ordered by Magistrate Judge Mark Falk on 4/18/17.(LM, ) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
78

Letter from Peter G. Farrell. (FARRELL, PETER) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
79

TEXT ORDER: Please be advised that the in-person conference before the Undersigned on May 23, 2017 will now proceed as a telephone conference at 9:45 a.m. Counsel for Defendant City of New York is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 5/22/17. (LM, ) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 5/23/2017. (LM, )

May 23, 2017

May 23, 2017

PACER
80

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on June 15, 2017 at 3:00 p.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 5/23/17. (LM, ) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 6/15/2017. (LM, )

June 15, 2017

June 15, 2017

PACER
81

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 19, 2017 at 3:30 p.m. Defendant's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 6/19/17. (LM, ) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 7/19/2017. (LM, )

July 19, 2017

July 19, 2017

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Policing

Key Dates

Filing Date: June 6, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals and organizations affiliated with New Jersey's Muslim community who were surveilled by the New York City Police Department in a program implemented following the September 11 attacks.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Muslim Advocates

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York City), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,020,000

Order Duration: 2018 - None

Content of Injunction:

Discrimination Prohibition

Recordkeeping

Reporting

Required disclosure

Issues

General:

Confidentiality

Disparate Treatment

Pattern or Practice

Racial profiling

Record-keeping

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern