Case: Handschu v. Special Services Division

1:71-cv-02203 | U.S. District Court for the Southern District of New York

Filed Date: May 18, 1971

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 18, 1971, residents of New York City filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued an intelligence division within the New York Police Department, the Special Services Division (SSD), under 42 U.S.C. § 1983 for violations of the First, Fourth, Fifth, Sixth, Ninth, Thirteenth, and Fourteenth Amendments. The plaintiffs, represented by the Center for Constitutional Rights and private counsel sought class certification t…

On May 18, 1971, residents of New York City filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued an intelligence division within the New York Police Department, the Special Services Division (SSD), under 42 U.S.C. § 1983 for violations of the First, Fourth, Fifth, Sixth, Ninth, Thirteenth, and Fourteenth Amendments. The plaintiffs, represented by the Center for Constitutional Rights and private counsel sought class certification to represent all New York City residents who objected to ideas and beliefs "currently dominant in the United States" and who were subject to unlawful surveillance and intelligence gathering by SSD. The plaintiffs sought declaratory and injunctive relief. They claimed that, for at least six years, SSD had engaged in overt and covert physical surveillance, covert electronic surveillance, infiltration, undercover intelligence gathering, and maintenance of files on the plaintiffs and the class they represented.

The NYPD moved to dismiss the complaint. The District Court (Judge Edward Weinfeld) denied that motion. Handschu v. Special Servs. Div., 349 F. Supp. 766 (S.D.N.Y. 1972) ("Handschu I"). Settlement negotiations followed.

Oversight of the case was transferred from Judge Weinfeld to Senior United States District Judge Charles S. Haight, Jr. On May 24, 1979, Judge Haight certified the plaintiff class. Thereafter class counsel and the Corporation Counsel for the NYPD negotiated a proposed settlement of the class action which was approved by the District Court on May 14, 1985, Handschu v. Special Servs. Div., 605 F. Supp. 1384 (S.D.N.Y. 1985) ("Handschu II"), and affirmed by the Second Circuit. Handschu v. Special Servs. Div., 787 F.2d 828 (2d Cir. 1986) ("Handschu III"). The Settlement Agreement called for the NYPD to adopt guidelines governing future police conduct in the areas of videotaping surveillance and intelligence-gathering activities. ("Original Handschu Guidelines").

We don't have the docket for the fifteen years following approval of the settlement; the digitized docket skips from item 168 (in 1986) to 265 (in 2002). So we don't know what happened in this period. Responding to the terrorist attacks of 9/11/2001, the NYPD on Sept. 25, 2002, sought a court modification of the Original Handschu Guidelines to more effectively combat terrorism. Over plaintiffs' objection, the District Court granted the NYPD's motion to modify the original Handschu Guidelines. Handschu v. Special Servs. Div., 273 F. Supp. 2d 327 (S.D.N.Y. 2003) ("Handschu IV"). The District Court's order required that the NYPD revise its patrol guidelines in accordance with guidelines issued by the FBI after 9/11. The "Patrol Guidelines" specified how NYPD was to conduct investigations involving political activity.

Following the arrest and interrogation of individuals protesting President Bush's plan for Iraq in February and March of 2003, plaintiffs sought modification of the District Court's order and Judgment. The District Court issued a Second Revised Order and Judgment which formally incorporated the "Patrol Guidelines" and Modified Handschu Guidelines. Handschu v. Special Servs. Div., 288 F. Supp. 2d 411 (S.D.N.Y. 2003) ("Handschu V").

On September 10, 2004, the NPYD issued and distributed a new "Order 47" to all commanders for implementation. Order 47 revised the Patrol Guidelines regarding the use of photographic and video equipment by officers at political demonstrations. The plaintiff class moved to enjoin enforcement of Order 47. Prior to ruling on the motion, the District Court requested that the parties file position statements about a "Note" appearing on page 2 of Order 47. Handschu v. Special Servs. Div., 2006 WL 1716919 (S.D.N.Y. June 21, 2006) ("Handschu VI").

On February 15, 2007, the District Court (Judge Haight), ruled that the videotaping or photographing by the NYPD of any individual engaged in political activity must be conducted in accordance with the Modified Handschu Guidelines. The Court ruled that to the extent that Order 47 was inconsistent with the Modified Handschu Guidelines, the NYPD would be enjoined from implementing it. 475 F.Supp.2d 331.

On April 13, 2007, the NPYD issued and distributed a new "Order 22" to all commanders for implementation. Order 22 revoked Order 47 and put in place new guidelines for the use of video/photographic equipment by operational personnel at demonstrations.

Subsequently, in a June 2007 order ("Handschu VIII"), the Court granted defendants' motion for reconsideration of its February 2007 order ("Handschu VII"), vacating it. The Court explained it had "erred in holding [in Handschu VII] that incorporation of each and every NYPD Guideline into the consent decree was essential to keeping the consent decree above the constitutional floor." 2007 WL 1711775, at *10. Consequentially, it held that "police conduct must violate a class member's constitutional rights in order to sustain a motion by Class Counsel to hold the NYPD in contempt." Id. And such a motion will be granted only if Class Counsel are able "to demonstrate that the NYPD, in the course of photographing or videotaping public gatherings and their participants, systematically and repeatedly disregarded the NYPD Guidelines, to a degree sufficient to show a NYPD policy to act in such a fashion." Id. at *20.

On November 7, 2008, the plaintiff class filed a motion requiring the defendants to give the plaintiff class council advance notice of any efforts to alter or revoke Order 22. They asked the court to declare the plaintiff class to be the prevailing party on its motion for injunctive relief, and they asked the court for permission to file a request for attorneys' fees.

The Court acted favorably upon the class's motion ("Handschu X"). It held that the class, though not successful on all its claims, was nevertheless the prevailing party because it had "achieved (1) victory on a significant claim which (2) brought about a material alteration of the legal relationship between the parties and (3) was which was [sic] judicially sanctioned." 679 F. Supp. 2d 488, 497-98. The "victory" referred to by the Court was the recognition--in Handschu VIII--of both "Class Counsel's ability to inquire into and challenge NYPD policies and the NYPD's obligation to respond to such inquiries and challenges, rather than simply ignoring them." Id. at 496.

The Court held that a full award of attorneys' fees would be inappropriate, however, deciding instead that fees should only be awarded for the claims the class succeeded on. (In a follow-up July 2010 order, the court awarded fees of roughly $180,000.) Finally, the Court ordered that the NYPD was required to provide Class Counsel at least ten days' notice with respect to any "new or revised order, directive or policy which alters, modifies or has any effect upon the sort of police conduct and activity which forms the subject matter of this action." Id. at 504.

In March 2011, the parties entered into a stipulation, later approved by the Court, in which they asked that the Court issue an order vacating its findings that the plaintiff class was the prevailing party and that Defendants' counsel had engaged in sanctionable conduct. For the class's cooperation, Defendants agreed to pay the attorney's fees set out in the Court's August 2010 order, rather than pursuing an appeal. The Court, in turn, issued an order in accordance with the parties' request.

The Court issued a opinion in November 2012 clarifying the scope of "police conduct" affected by the injunction granted in Handschu X. Concurring with Defendants' interpretation, it held that the injunction governed only those "NYPD orders and practices which authorize or regulate police use of photographs and videotapes in the surveillance of class members." 905 F. Supp. 2d 555, 559.

Perceiving violations of the Handschu Guidelines in the NYPD's monitoring of Muslims in the New York area, the class moved for equitable relief in February 2013, requesting an injunction and the appointment of a monitor. This corresponded with the lawsuit Raza v. City of New York, filed in 2013, which asserted that starting in 2002, the police department had mapped Muslim communities and their institutions, sent officers and informants into mosques to monitor innocent religious leaders and congregants, and used other invasive means to spy on Muslims. The court determined the class's contentions included "issues worthy of further litigation which entitle[d] Class Counsel to further discovery in aid of their claims," and it directed the parties to confer regarding the scope of necessary discovery. 2014 WL 407103, at *4. On March 17, 2014, the parties expressed to the court their intent to enter into settlement talks. Settlement negotiations were negotiated jointly with the parties in Raza v. City of New York.

On January 7, 2016, the parties submitted an agreement for approval by the court. The agreement included a modification to the Handschu guidelines. The modified guidelines called for reviews of ongoing investigations; established the Handschu Committee to oversee investigations and set out the requirements for the appointment of a Civilian Representative; required that choices in investigation techniques take into account the effect on religious and political activities of individuals, including those not the target of investigation; and required that undercover investigations be used only when there was no less intrusive means to acquire the sought after information. They also dictated that investigations respect the constitutional right to be free of investigation in which race, religion, or ethnicity is a substantial or motivating factor. The defendant also agreed to remove the "Radicalization in the West Report" from its website. The stipulation included a proposal to publish a notice to class members in four different newspapers.

On February 10, 2016, the court approved the form and content of the notice of the hearing to the class members about the proposed settlement. The court continued to closely monitor the advertisement and notification to class, with a formal fairness hearing held on April 19, 2016.

On August 23, 2016, the New York City Department of Investigation, Office of the Inspector General for the NYPD issued a 36-page report, titled "An investigation of NYPD's Compliance with Rules Governing Investigation of Political Activity." The report described a new and systemic failure of the part of the NYPD to comply with the particular Guidelines.

On October 28, 2016, the district court ruled on the proposed settlement agreement between the plaintiff class and City of New York regarding issues affecting the Muslim community. The court disapproved the proposed settlement, without prejudice to submission after the parties and counsel have had an opportunity to consider the ruling.

The court first concluded that it could consider the August 23 NYC Dept. of Investigation Report's conclusions as one of the circumstances relevant to the proposed settlement. The court also found that the settlement would not be "fair and reasonable" (the requirement under the Federal Rules of Civil Procedure for court ratification of a class action settlement), specifically considering whether it was fair to both the NYPD and the Muslim community. The most controversial provision of the settlement was that the Mayor can eliminate the position of Civilian Representative after five years, without judicial review or approval. The court concluded that the proposed role and power of the Civilian Representative would not furnish sufficient protection from potential violation of constitutional rights of those law-abiding Muslims and believers in Islam who live, move, and have their being in the city. The court laid out several points for parties to consider to make the proposed settlement fair and reasonable.

The parties amended the agreement, and on March 13, 2017, Judge Haight approved a revised settlement agreement proposed by the parties. The revised agreement made a number of changes in response to the Judge's concerns about the power of the Civilian Representative. Most notably, it stipulated that the Mayor could no longer eliminate the position of Civilian Representative after five years without judicial review. Instead, the Mayor must apply to the court for an amendment to the Handschu Guidelines. The revised agreement also gave more power and responsibilities to the Civilian Representative, including direct access to the Police Commissioner and to the judge overseeing the case. Judge Haight held that these changes amounted to "a material, effective, and reasonable restructuring of the position of Civilian Representative on the Handschu Committee."

On March 27, 2017, Judge Haight issued an order endorsing the specifics of the Settlement Agreement, requiring defendant to follow the amended Handschu Guidelines and to pay $361,730.26 in attorney's fees.

The First Annual Report of the Civilian Representative to the Handschu Committee, covering the work of the Committee from March 2017 to March 2018, was completed on May 15, 2018 and made publicly available on June 7, 2018. The Civilian Representative reported that the NYPD's Intelligence Bureau implemented certain changes to their practices during the year, including changes to make Investigative Statements more thorough and transparent. The report does not indicate any violations or concerns about compliance with Handschu Guidelines during the period; the Civilian Representative noted that while he went into some Handschu Committee meetings with some concerns, the Handschu Committee reached consensus on the propriety of each investigation after discussion, and that the NYPD met the deadlines outlined in the Handschu Guidelines for the 2017-2018 period.

The following year, on July 17th, 2019, the Civilian Representative to the Handschu Committee filed a Second Annual Report, which claimed that "the processes of approving Investigative Statements and continuing investigations has continued to improve," and that, "the anecdotal accounts, data, and my observations over the last year leads me to the belief that the work and analytical rigor fo the Handschu Committee has gotten stronger."

The case remains open.

Summary Authors

Kristen Sagar (11/12/2008)

Priyah Kaul (10/14/2014)

Sihang Zhang (11/8/2016)

Gabriela Hybel (4/3/2017)

Sarah McDonald (8/2/2018)

Jack Hibbard (6/24/2020)

Related Cases

Raza v. City of New York, Eastern District of New York (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4357624/parties/handschu-v-special-serv-div/


Judge(s)

Haight, Charles Sherman Jr. (New York)

Hall, Peter W. (Vermont)

Schreiber, Sol (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Weinfeld, Edward (New York)

Attorneys(s) for Plaintiff

Bender, William J. (New York)

Burns, Haywood (New York)

Chevigny, Paul (New York)

Eisenberg, Arthur (New York)

Eisenstein, Jethro M. (New York)

Judge(s)

Haight, Charles Sherman Jr. (New York)

Hall, Peter W. (Vermont)

Schreiber, Sol (New York)

Van Graafeiland, Ellsworth Alfred (New York)

Weinfeld, Edward (New York)

Attorneys(s) for Plaintiff

Bender, William J. (New York)

Burns, Haywood (New York)

Chevigny, Paul (New York)

Eisenberg, Arthur (New York)

Eisenstein, Jethro M. (New York)

Kaufman, Mary M. (New York)

Moore, Jonathan C. (New York)

Siegel, Franklin (New York)

Stolar, Martin R. (New York)

Attorneys(s) for Defendant

Bergdall, Thomas (New York)

Bernikow, Leonard (New York)

Cahill, Peter J. (New York)

Crotty, Paul Austin (New York)

Donoghue, Gail (New York)

Farrell, Peter Girard (New York)

Milberg, Frances (New York)

Schwarz, Frederick A.O. Jr. (New York)

Sonnenshein, Larry A. (New York)

Turbow, Daniel (New York)

Other Attorney(s)

Abt, John (New York)

Boyle, Robert (New York)

Brown, Wendy R. (New York)

Fink, Elizabeth (New York)

Gibbs, Joan (New York)

Krinsky, Michael (New York)

Paganuzzi, O. Stephen (New York)

Perlin, Marshall (New York)

Popper, Martin (New York)

Rabinowitz, Victor (New York)

Ratner, Michael (New York)

Robbins, Dana (New York)

Schwartz, Jeffrey (New York)

Simmons, Esmeralda (New York)

Simon, Anne E. (New York)

St. Clair, Betty (New York)

Zimroth, Peter L. (New York)

Expert/Monitor/Master

Park, Tai (New York)

Rankin, J. Lee (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

July 17, 2019 Docket
1

Complaint - Class Action

May 18, 1971 Complaint

Opinion

349 F.Supp. 766

Oct. 24, 1972 Order/Opinion

Memorandum Opinion and Order

605 F.Supp. 1384

March 7, 1985 Order/Opinion

Memorandum Opinion and Order

1985 WL 1366

May 16, 1985 Order/Opinion

Memorandum Opinion and Order

1985 WL 3538

Oct. 31, 1985 Order/Opinion

Reported Appellate Opinion

Handschu v. Special Services Division

U. S. Court of Appeals for the Second Circuit

787 F.2d 828

April 9, 1986 Order/Opinion

Memorandum Opinion and Order

1989 WL 54153

May 16, 1989 Order/Opinion

Memorandum Opinion and Order

1989 WL 82397

July 2, 1989 Order/Opinion

Memorandum Opinion and Order

737 F.Supp. 1289

July 18, 1989 Order/Opinion

Resources

Title Description External URL

Handschu v. Special Services Division (Challenging NYPD Surveillance Practices Targeting Political Groups)

Case overview of Handschu v. Special Services Division from New York Civil Liberties Union. July 1, 2008 https://www.nyclu.org/en/cases/handschu-v-special-services-division-challenging-nypd-surveillance-practices-targeting

Landmark Settlement in Challenge to NYPD Surveillance of New York Muslims: What You Need to Know

Hina Shamsi

Article by director of ACLU's National Security Project describing 2016 joint settlement in Handschu v. Special Services Division and Raza v. City of New York. Jan. 7, 2016 https://www.aclu.org/blog/national-security/discriminatory-profiling/landmark-settlement-challenge-nypd-surveillance-new?redirect=blog/speak-freely/landmark-settlement-challenge-nypd-surveillance-new-york-muslims-what-you-need

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4357624/handschu-v-special-serv-div/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (dcap) (Entered: 12/30/2002)

May 18, 1971 PACER
2

Notice of Case Assignment to Judge David N. Edelstein . Copy of notice and judge's rules mailed to Attorney(s) of record:. (dcap) (Entered: 12/30/2002)

May 18, 1971 PACER
11

ANSWER to Complaint by Patrick Murphy, John V. Lindsay (Attorney from the Firm: ). (dcap) (Entered: 12/30/2002)

Jan. 17, 1973 PACER
22

NOTICE OF MOTION by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni to substitute party(ies) Donald F. Cawley, Willaim McCarthy, Howard Metzdorf, Thomas Schilling, Robert Howe and Captains Burke & Walsh of the Analysis Section of the Intelligence Division of the Police Dept. as defendants . Return Date 12/04/73 at 10:00 Room 2602. (dcap) (Entered: 12/30/2002)

Nov. 28, 1973 PACER
23

MEMORANDUM OF LAW by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni in support of [22-1] motion to substitute party(ies) Donald F. Cawley, Willaim McCarthy, Howard Metzdorf, Thomas Schilling, Robert Howe and Captains Burke & Walsh of the Analysis Section of the Intelligence Division of the Police Dept. as defendants. (dcap) (Entered: 12/30/2002)

Nov. 28, 1973 PACER

Memo endorsed on motion; granting [22-1] motion to substitute party(ies) Donald F. Cawley, Willaim McCarthy, Howard Metzdorf, Thomas Schilling, Robert Howe and Captains Burke & Walsh of the Analysis Section of the Intelligence Division of the Police Dept. as defendants. ( signed by Judge Charles E. Stewart ); (dcap)

Dec. 13, 1973 PACER

Order

Dec. 13, 1973 PACER
24

NOTICE OF MOTION by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni to amend order entered on 12/13/73 to include Michael Codd, Michael Willis in place of Donald F. Cawley and Arthur Gubert .... Return Date 01/03/74. Affidavit attached. (dcap) (Entered: 12/30/2002)

Dec. 27, 1973 PACER

Memo endorsed on motion; granting [24-1] motion to amend order entered on 12/13/73 to include Michael Codd, Michael Willis in place of Donald F. Cawley and Arthur Gubert. ( signed by Judge Charles E. Stewart ); (dcap)

Jan. 7, 1974 PACER

Order

Jan. 7, 1974 PACER

PRETRIAL CONFERENCE held before Judge Charles E. Stewart. (dcap)

April 1, 1975 PACER

Pretrial Conference - Initial

April 1, 1975 PACER

Notice of reasssignment to Judge Charles S. Haight. (dcap)

May 1, 1976 PACER

Case Assigned/Reassigned

May 1, 1976 PACER

PRETRIAL CONFERENCE held before Judge Charles S. Haight. Exceptions to Magistrate's Rulings to be filed by both parties 09/30/76. (dcap) Modified on 12/30/2002

July 23, 1976 PACER

Pretrial Conference - Initial

July 23, 1976 PACER
53

ORDER,... that the Court approves and confirms the Report and Recommendation of Magistrate Judge Sol Schreiber and further discovery will be guided by the provisions of that report.... referring case again to Magistrate Judge Sol Schreiber for pre-trial procedures .... ( signed by Judge Charles S. Haight ); (dcap) (Entered: 12/30/2002)

March 24, 1977 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap) Modified on 12/30/2002

May 11, 1978 PACER

Pretrial Conference - Initial

May 11, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap) Modified on 12/30/2002

May 31, 1978 PACER

Pretrial Conference - Initial

May 31, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap) Modified on 12/30/2002

June 21, 1978 PACER

Pretrial Conference - Initial

June 21, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap) Modified on 12/30/2002

July 13, 1978 PACER

Pretrial Conference - Initial

July 13, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap)

July 14, 1978 PACER

Pretrial Conference - Initial

July 14, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap)

July 24, 1978 PACER

Pretrial Conference - Initial

July 24, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap)

Aug. 2, 1978 PACER

Pretrial Conference - Initial

Aug. 2, 1978 PACER

PRETRIAL CONFERENCE held before Magistrate Judge Sol Schreiber. (dcap)

Nov. 17, 1978 PACER

Pretrial Conference - Initial

Nov. 17, 1978 PACER
63

NOTICE OF MOTION by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni to certify class action . Return Date 03/23/79. (dcap) (Entered: 12/30/2002)

Feb. 28, 1979 PACER
64

MEMORANDUM OF LAW by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni in support of [63-1] motion to certify class action. (dcap) (Entered: 12/30/2002)

Feb. 28, 1979 PACER
65

MEMORANDUM OPINION # 48625, granting [63-1] motion to certify class action.... ( signed by Judge Charles S. Haight ); (dcap) (Entered: 12/30/2002)

May 25, 1979 PACER

PRETRIAL CONFERENCE held before Judge Charles S. Haight. (dcap)

Sept. 14, 1979 PACER

Pretrial Conference - Initial

Sept. 14, 1979 PACER

Oral argument held before Judge Charles S. Haight re: Briefs to be submitted to Court. (dcap)

June 7, 1984 PACER

Oral Argument

June 7, 1984 PACER
168

JUDGMENT... that the proposed stipulation of settlement and accompanying guidelines are hereby approved as fair, reasonable and adequate,... as indicated... and this Order and Judgment constitutes a full and final adjudication of all claims made in this action,... and plaintiff's claims and those of plaintiff class are in all other respects dismissed with prejudice... ( signed by Judge Charles S. Haight ); Mailed copies and notice of right to appeal. Entered On Docket: 05/15/85. (dcap) (Entered: 12/30/2002)

May 14, 1985 PACER

Terminated Case

May 14, 1985 PACER

Case closed. (dcap)

May 14, 1985 PACER
265

NOTICE OF MOTION by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay for an order modifying the consent decree presently in effect in this action . Return Date Not Indicated. Attached are the Declaration of Gail Donoghue and the Declaration of Deputy Commissioner David Cohen. (dcap) (Entered: 12/30/2002)

Sept. 25, 2002 PACER
266

MEMORANDUM OF LAW by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay in support of [265-1] motion for an order modifying the consent decree presently in effect in this action. (dcap) (Entered: 12/30/2002)

Sept. 25, 2002 PACER
267

SCHEDULING ORDER,.... that a hearing will be held before this Court at 10:30 a.m. on October 16, 2002, in Room 17C, 500 Pearl Street, to consider the scheduling of submissions of papers on recent motions and to set a date to hear oral arguments .... ( signed by Judge Charles S. Haight ); (dcap) (Entered: 12/30/2002)

Sept. 25, 2002 PACER
268

ORDER.... vacating [267-1] Scheduling order that a hearing will be held before this Court at 10:30 a.m. on October 16, 2002, in Room 17C, 500 Pearl Street, to consider the scheduling of submissions of papers on recent motions and to set a date to hear oral arguments.... the parties are directed to submit a briefing schedule to the COurt. ( signed by Judge Charles S. Haight ); (dcap) (Entered: 12/30/2002)

Oct. 16, 2002 PACER
269

Memo-Endorsement on letter addressed to Honorable Charles S. Haight, Jr., dated October 10, 2002. Re:, I will defer consideration of this request until counsel for both sides are prepared to address it definitively . ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Oct. 16, 2002 PACER
270

Memo-Endorsement on letter addressed to Honorable Charles S. Haight, Jr., from Gail Donoghue, Spec. Asst. to the Corporation Counsel, Defts Atty, dated October 10, 2002. Re: ...counsel for the class and ofr defendants... have agreed, subject to the approval of the Court, to a briefing schedule fr the application filed by defendants on September 25, 2002... Plaintiffs will serve and file their submission in opposition on 11/05/02. Defendants will file their reply submission on 11/26/02... The Court approves this schedule . ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Oct. 16, 2002 PACER
271

NOTICE of ENTRY OF ORDER by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni. (dcap) (Entered: 12/30/2002)

Oct. 23, 2002 PACER
272

MEMORANDUM OPINION # 87608, Having considered the recent correspondence of counsel, the Court denies the application of the plaintiff class for an order directing the posting on the Court's website of defendants' submission in support of their application for modification of the consent decree entered in the captioned cases . ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Oct. 25, 2002 PACER
273

MEMORANDUM OF LAW by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni in opposition to [265-1] motion for an order modifying the consent decree presently in effect in this action. (dcap) (Entered: 12/30/2002)

Nov. 5, 2002 PACER
274

DECLARATION of Jethro M. Eisenstein by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni in opposition Re: [265-1] motion for an order modifying the consent decree presently in effect in this action. (dcap) (Entered: 12/30/2002)

Nov. 5, 2002 PACER
275

Letter filed by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni addressed to Hon. Charles S. Haight, Jr., from Paul Chevigny, Atty for Plaintiffs, dated November 5, 2002, re: ... Declarations, Exhibits and Memorandum of Law in Opposition to the Defendants' Motion to Modify the Consent Decree submitted for filing. (dcap) (Entered: 12/30/2002)

Nov. 7, 2002 PACER
276

Letter filed by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni addressed to Gail Donoghue, Defts Atty from Franklin Siegel, Pltffs Atty, dated October 1, 2002, re: ...provide the addresses for service and telephone contact information... (dcap) (Entered: 12/30/2002)

Nov. 12, 2002 PACER
277

MEMORANDUM OPINION # 87733,... The Court will hold a hearing on Tuesday, December 3, 2002, at 2:30 p.m. in Room 17C, 500 Pearl Street, at which counsel will be expected to make oral submissions limited to whether the Court should grant defendants' application that the Court examine Cohen's supplementary declaration in camera and consider its contents, without revealing them to counsel for the plaintiff class, in deciding the defendants' underlying motion to modify the Handschu Consent Decree and implementing Guidelines .... ( signed by Judge Charles S. Haight ); (dcap) (Entered: 12/30/2002)

Nov. 19, 2002 PACER
278

SCHEDULING ORDER,... that the aformentioned hearing will instead be held before the COurt at 5:00 p.m. on December 3, 2002, in Room 17C, 500 Pearl Street . ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Nov. 21, 2002 PACER
279

REPLY MEMORANDUM by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay re: in further support of [265-1] motion for an order modifying the consent decree presently in effect in this action. (dcap) (Entered: 12/30/2002)

Nov. 26, 2002 PACER
280

DECLARATION of Gail Donoghue and Deputy Commissioner David Cohen by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay Re: in reply to plainitffs' submission. (dcap) (Entered: 12/30/2002)

Nov. 26, 2002 PACER
281

Memorandum to Docket Clerk: Hearing begun and concluded before Charles S. Haight Jr,. Further submissions of counsel by 12/11/02. (dcap) Modified on 12/30/2002 (Entered: 12/30/2002)

Dec. 3, 2002 PACER
282

MEMORANDUM AND ORDER,... The Village Voice must either rest content with its pending FOIL request, or if desirous of asserting a claim for access based directly upon the Guidelines and this Court's prior opinion, file a formal motion with this Court for declaratory and injunctive relief, serving copies upon the defendants through the Corporation Counsel and upon class counsel ... ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Dec. 9, 2002 PACER
283

Memorandum to Docket Clerk: Hearing begun and concluded before Judge Charles S. Haight, Jr.. (dcap) (Entered: 12/30/2002)

Dec. 13, 2002 PACER
284

ORDER, The parties in this case, having raised discovery issues relating to the underlying motion to modify the consent decree presently in effect in this action, are hereby directed that a hearing to consider these discovery issues will be held before this Court at 12:00 p.m. on December 13, 2002, in Room 17C, 500 Pearl Street . ( signed by Judge Charles S. Haight ) (dcap) (Entered: 12/30/2002)

Dec. 13, 2002 PACER
285

Letter filed addressed to Judge Haight from John D. Winter, dated 12/16/02, Re: Alavi Foundation submits this letter in regards to David Cohen's Declaration and the seriousness of Mr. Cohen's assertions; the Foundation writes that if the Court wishes to examine any portion or portions of the records in Gabay or Flatow or the Foundation's tax returns, they will be happy to provide this information to the Court. (ae) (Entered: 12/31/2002)

Dec. 18, 2002 PACER
286

MEMORANDUM OPINION AND ORDER #87886, that for the reasons set forth, the NYPD's motion for a protective order is granted ; and, the notice given by the plaintiff class to depose Deputy Commissioner David Cohen is vacated ; At the 12/13/02 hearing, class counsel expressed a desire to "reserve the right" to submit additioanl materials "that have come to our attention seperate and apart from what we are talking about today," Tr. 25. If class counsel widh to submit additional matterials, they must file and serve it not later than 1/15/03. Counsel for the NYPD may file and serve any response on or before 1/24/03 ; The case will be called for oral argument at 10:30 a.m. on 1/29/03, in Room 17C, 500 Pearl Street . ( signed by Judge Charles S. Haight ). (tp) (Entered: 01/02/2003)

Jan. 2, 2003 PACER

Set/Reset Deadlines

Jan. 2, 2003 PACER

Deadline(s) updated: oral argument set for 10:30 a.m. on 1/29/03 . (tp)

Jan. 2, 2003 PACER
287

ORDER, Class Counsel's time w/in which to submit additional material in opposition to the NYPD'S motion is extended to 12:00 noon on 1/20/03 re: [265-1] motion for an order modifying the consent decree presently in effect in this action ; NYPD's responsive papers set for 12:00 1/27/03 re: [265-1] motion for an order modifying the consent decree presently in effect in this action; Oral argument will take place as previously scheduled . ( signed by Judge Charles S. Haight ); (ae) (Entered: 01/15/2003)

Jan. 13, 2003 PACER
296

MEMORANDUM OF LAW by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni in further opposition to Defendants' Motion to Modify the Consent Decree; (djc) (Entered: 02/04/2003)

Jan. 20, 2003 PACER
297

DECLARATION of Jethro M.Eisenstein by Barbara Handschu, Ralph DiGia, Alex McKeiver, Shaba Om, Curtis M. Powell, Abbie Hoffman, Mark A. Sagal, Michael Zumoff, Kenneth Thomas, Robert Rusch, Annette T. Rubenstein, Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni Re: in connectin with the defendants' pending motion to "modify" the Handschu guidelines. (djc) (Entered: 02/04/2003)

Jan. 20, 2003 PACER
288

ORDER, that the oral argument shall be heard at 3:00 p.m. on 1/29/03 . ( signed by Judge Charles S. Haight ). (tp) (Entered: 01/23/2003)

Jan. 22, 2003 PACER
289

MEMORANDUM AND ORDER; on 1/29/03, the Court will hear oral argument on the motion of the NYPD to modify the consent decree in this case and its accompanying "Handschu Guidelines"; the Court directs counsel to be prepared to address certain questions described in this memoradum at oral argument on the motion of the New York Police Department to modify the consent decree in this case and its accompanying "Handschu Guidelines." ( signed by Judge Charles S. Haight ); (yv) Modified on 01/27/2003 (Entered: 01/24/2003)

Jan. 22, 2003 PACER
290

ORDER, regarding the procedures to be followed that shall govern the hearing on 1/29/03 at 3:00 p.m., the proceedings will be recorded by a Court reporter. The NYPD is directed to arrange for an expedited copy of the transcript at its expense . ( signed by Judge Charles S. Haight ); (yv) (Entered: 01/27/2003)

Jan. 23, 2003 PACER
292

SUPPLEMENTAL REPLY MEMORANDUM by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay in support re: [265-1] motion for an order modifying the consent decree presently in effect in this action . (djc) (Entered: 01/31/2003)

Jan. 27, 2003 PACER
293

SUPPLEMENTAL REPLY DECLARATION of Gail Donoghue by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay Re: in furthr reply to plaintiffs' submissions and to append the Attorney General's guidelines on FBI Undercover Operations and the Atty Gen. Guidelines on Gen. Crimes, Racketeering Enterprise And Domestic Security/Terrorism Investigations" of 1989 to the record on this motion. (djc) (Entered: 01/31/2003)

Jan. 27, 2003 PACER
291

Transcript of record of proceedings before Judge Charles S. Haight for the date(s) of December 3, 2002. (pr) (Entered: 01/31/2003)

Jan. 30, 2003 PACER
295

Memorandum to Docket Clerk: Hearing held on 1/29/03 before Judge Haight. Judge's decision: reserved. (sb) (Entered: 02/04/2003)

Jan. 30, 2003 PACER
294

Transcript of record of proceedings before Judge Charles S. Haight for the date(s) of 12/13/02. (dt) (Entered: 02/03/2003)

Feb. 3, 2003 PACER
298

ORDER, I direct counsel to send to Chambers as quickly as possible full copies of the objectors' interrogatories and the defendants' answers . ( signed by Judge Charles S. Haight ); (kw) (Entered: 02/07/2003)

Feb. 3, 2003 PACER
299

MEMORANDUM OPINION AND ORDER # 88064, the Court will enter a modified decree and approve the modifications to he Handschu Guidelines the NYPD proposes, upon compliance by the NYPD w/ conditions as set forth in this Memorandum Opinion and Order . ( signed by Judge Charles S. Haight ); (ae) (Entered: 02/11/2003)

Feb. 11, 2003 PACER
300

Fld Defts' Proposed Internal Guidelines for Investigations Involving Political Activity by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay . (cd) (Entered: 02/26/2003)

Feb. 21, 2003 PACER
301

Transcript of record of proceedings before Judge Charles S. Haight for the date(s) of January 29, 2003. (dt) (Entered: 03/03/2003)

March 3, 2003 PACER
302

DECLARATION of Jethro M. Eisenstein . (gf) (Entered: 03/05/2003)

March 3, 2003 PACER
303

Defendants' proposed internal guidelines for investigation involving political activity (revised). (jco) (Entered: 03/11/2003)

March 10, 2003 PACER
304

MEMORANDUM OPINION # 88180; I am satisfied that the revised NYPD Guidelines, submitted by Corporation Counsel as Exhibit B to the Donoghue declaration, set forth the substance of the FBI Guidelines, and do not contain any provisions inimical to the Constitution. In other words, the NYPD has complied with Condition 1 recited in Handschu, 2003 WL 302258, at *21. The Court will enter an Order modifying the consent decree and approving the Modified Handschu Guidelines when the NYPD has complied with Condition 2. Id. ( signed by Judge Charles S. Haight ); (jco) Modified on 03/17/2003 (Entered: 03/14/2003)

March 12, 2003 PACER
305

ORDER AND JUDGMENT, that the motion of the NYPD to Modify the Handschu Guidelines be, and the same hereby is, granted. The Handschu Guidlines which form a part of the consent decree entered in March 1985 be, and the same hereby are, modified in such a manner as to conform to the text appearing in Exhibit A. to the declaration of Deputy Chief Edwin A. Young, dated 3/20/03. The execution of this Order and Judgment be, and the same hereby is, stayed for ten (10) calendar days following the entry of this Order and Judgment, or until class counsel advises this Court in writing that the plaintiff class does not intend to appeal, whichever first occurs. Any further stay of the execution of this Order and Judgment must be obtained from the Court of Appeals. ( signed by Judge Charles S. Haight ); Mailed copies and notice of right to appeal. Entered On Docket: 3/20/03. (tp) (Entered: 03/20/2003)

March 20, 2003 PACER
306

DECLARATION of Deputy Chier Edwin A. Young by William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay (djc) (Entered: 03/24/2003)

March 20, 2003 PACER
307

MEMORANDUM AND ORDER, that as indicated in this Court's 2/13/03 Opinion, 2003 WL 302258, at *21, the judgment being entered herein provides that its execution is stayed for ten (10) days following the date of entry, with any further stay to be sought by class counsel from the Court of Appeals as further set forth . ( signed by Judge Charles S. Haight ). (tp) Modified on 03/25/2003 (Entered: 03/25/2003)

March 21, 2003 PACER
308

ORDER, that the stay of that Judgment hereby vacated; that the Original Handschu Guidelines are no longer in effect; and that the Modified Handschu Guidelines are now in effect . ( signed by Judge Charles S. Haight ); (jco) Modified on 03/27/2003 (Entered: 03/26/2003)

March 25, 2003 PACER
309

NOTICE OF MOTION by plaintiff Class; for an Order pursuant to F.R.C.P. 54(d)(2)(B), awarding reasonable counsel fees and costs to counsel for the plaintiff Class purusant to 42 U.S.C. Section 1988, and granting counsel ninety (90) days in which to submit specifications of the fee request . Return Date not indicated. (jco) (Entered: 04/08/2003)

April 4, 2003 PACER
310

MEMORANDUM OF LAW of Class counsel in support of [309-1] motion for an Order pursuant to F.R.C.P. 54(d)(2)(B), awarding reasonable counsel fees and costs to counsel for the plaintiff Class purusant to 42 U.S.C. Section 1988, and granting counsel ninety (90) days in which to submit specifications of the fee request. (jco) (Entered: 04/08/2003)

April 4, 2003 PACER
311

ORDER, Judge Haight agrees with Corporation Counsel that the Court's Order and Judgment dated 3/20/03 must be revised. Judge Haight will adopt the draft submitted by Corporation Counsel as an enclosure to Ms. Donoghue's letter dated 3/31/03. By this order, Judge Haight directs that the Court's Order dated 3/25/03 be vacated. ( signed by Judge Charles S. Haight ) (sb) (Entered: 04/08/2003)

April 7, 2003 PACER
312

REVISED ORDER AND JUDGMENT: the motion of the NYPD to modify the Handschu Guidlines is granted; that the Handschu Guidelines are modified in such a manner as to conform to the text appearing in appendix "A" of the Court's 2/11/03 Memorandum and Order; that the Guidelines for Investigations Involving Political Activity appearing in Exhibit "A" to the declaration of Deputy Chief Edwin A. Young dated 3/20/03, remain in the NYPD Patrol Guide unless otherwise directed by the Court; any further stay of the execution of this Order must be obtained from the Court of Appeals; and the Judgment and Order entered on 3/20/03 is wholly vacated, replaced and superceded by the instant Order. ( signed by Judge Charles S. Haight ); Mailed copies and notice of right to appeal. Entered On Docket: 4/8/03. (db) (Entered: 04/08/2003)

April 7, 2003 PACER
315

Letter filed addressed to Comm. Kelly, Mr. Cardozo and Members of the Handschu Authority from Paul Chevigny, dated 04/14/03; (djc) (Entered: 04/21/2003)

April 15, 2003 PACER
313

NOTICE OF MOTION by Mickey Sheridan, Joe Sucher, Steven Fischler, Howard Blatt, Ellie Benzoni, Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay for reconsideration/alter of [312-1] judgment order ; Return Date not indicated; attached are papers in support (cd) (Entered: 04/21/2003)

April 17, 2003 PACER
314

MEMORANDUM OF LAW by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay in support of [313-1] motion for reconsideration/alter of [312-1] judgment order . (cd) (Entered: 04/21/2003)

April 17, 2003 PACER
316

Memo-Endorsement on letter addressed to Judge Haight from Martin R. Stolar, dated 4/18/03. Re: class counsel is writing in regards to 4/4/03 attorney fee motion. I regard this application mooted by the Court's 4/21/03 Memorandum and Order. Class counsel may subsequently make such motion for attorney's fees as they think right . ( signed by Judge Charles S. Haight ) (db) (Entered: 04/23/2003)

April 23, 2003 PACER
317

MEMORANDUM ORDER, Corporation Counsel's Response to Motion reset for 5/16/03 re: [313-1] motion for reconsideration/alter of [312-1] judgment order ; Class counsel's Reply to Response to Motion for 5/23/03 re: [313-1] motion for reconsideration/alter of [312-1] judgment order ; set oral argument for 2:00 p.m. on 5/28/03 ; with regard to Class Counsel's motion for Attorney's Fees and Cost: Corporation Counsel need not respond to this motion at this motion at this time. Class counsel may renew it when this phase of the litigation is completed, after appeals, if any. The application must be supported in the manner required by New York Association for Retarded Children v. Carey, 711 F.2d 1136, 1147-48 (2d Cir. 1983) . ( signed by Judge Charles S. Haight ); (kw) (Entered: 04/24/2003)

April 23, 2003 PACER
318

MEMORANDUM OF LAW by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay in opposition to [313-1] motion for reconsideration/alter of [312-1] judgment order . (cd) (Entered: 05/20/2003)

May 16, 2003 PACER
319

DECLARATION of Gail Donoghue by Special Serv. Div., William H.T. Smith, Arthur Grubert, Michael Willis, William Knapp, Patrick Murphy, Police Dept. NYC, John V. Lindsay in opposition Re: [313-1] motion for reconsideration/alter of [312-1] judgment order . (cd) (Entered: 05/20/2003)

May 16, 2003 PACER

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: May 18, 1971

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Citizens subjected to surveillance and intelligence-gathering activities by the NYPD.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Police Department [NYPD] (New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 541,730.26

Order Duration: 1985 - None

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Preliminary relief granted

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Disparate Treatment

Pattern or Practice

Racial profiling

Record-keeping

Search policies

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

Religion discrimination

Immigration/Border:

Constitutional rights

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern