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Judge Rejects Settlement, Calls for More Protections in NYPD Surveillance Case

Judge Rejects Settlement, Calls for More Protections in NYPD Surveillance Case

U.S. District Court Judge Charles Haight rejected the settlement terms presented by the NYPD in his ruling on Monday. The two federal lawsuits impacted by the ruling, Raza v. City of New York and Handschu v. Special Services Division, were settled in January.

The New York Civil Liberties Union is representing the plaintiffs in both cases, all who claim that the surveillance of Muslims as a counterterrorism tactic by the NYPD violated their constitutional rights. As part of the settlement, the NYPD proposed a civilian representative that would monitor the counterterrorism methods of the department.

Judge Haight rejected the civilian representative position as not having enough authority to prevent further abuse. The role as described would not “furnish sufficient protection from potential violations of the constitutional rights for Muslims and believers in Islam,” he said, according to Reuters.

He recommends clarifying what authority the civilian representative would have in ensuring that the NYPD followed the “Handschu guidelines,” having the representative periodically report on the NYPD’s compliance to the court, and require the court’s approval before abolishing the position of the representative.

Law Department spokesman Nick Paolucci told NBC that the department was “disappointed that the settlement was not approved as the parties originally proposed.”

Paolucci also stated that the NYPD disagrees with some of the charges in the Inspector General’s report upon which Judge Haight based his decision.

The New York Civil Liberties Union counselors hope that the NYPD is willing to work with them on safeguards that they weren’t willing to accept prior to the judge’s recommendations, according to the NYCLU website.

“This development is an opportunity to put the strongest safeguards in place, and we are eager to discuss the court’s suggestions with the NYPD and the city. For the sake of New York Muslims and all New Yorkers, we urge that reforms are implemented as soon as possible,” they said in a statement after Judge Haight’s decision was made public.

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