Thursday, February 20, 2014

Federal Judge Dismisses Complaint Alleging NYC Police Surveillance of Muslim Communities in New Jersey

In a terse ten page opinion today in Hassan v. City of New York, United States District Judge William Martini dismissed a complaint alleging that the New York City Police Department’s surveillance program targeted New Jersey Muslims solely on the basis of religion, thereby violating their First and Fourteenth Amendment rights.

The judge first found that there were not sufficient allegations to satisfy Article III standing.  He  relied upon Laird v. Tatum, 408 U.S. 1 (1972) to conclude that there was not an injury in fact because, as in Tatum, the allegations of a "subjective chill are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm."

Listening-post_at_Spyglass,_Gibraltar_Art.IWMARTLD3562
Listening-post at Spyglass, Gibraltar via

The judge also found that the causation requirement of standing was not met because any injury was not caused by the surveillance but by the revelation of the surveillance:

None of the Plaintiffs’ injuries arose until after the Associated Press released unredacted, confidential NYPD documents and articles expressing its own interpretation of those documents. Nowhere in the Complaint do Plaintiffs allege that they suffered harm prior to the unauthorized release of the documents by the Associated Press. This confirms that Plaintiffs’ alleged injuries flow from the Associated Press’s unauthorized disclosure of the documents. The harms are not “fairly traceable” to any act of surveillance.

On the merits of the allegations, the judge applied the Iqbal "plausibility" and discriminatory "purpose" standard, Ashcroft v. Iqbal, 556 U.S. 662 (2009), and concluded that:

Plaintiffs in this case have not alleged facts from which it can be plausibly inferred that they were targeted solely because of their religion. The more likely explanation for the surveillance was a desire to locate budding terrorist conspiracies. The most obvious reason for so concluding is that surveillance of the Muslim community began just after the attacks of September 11, 2001. The police could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself. While this surveillance Program may have had adverse effects upon the Muslim community after the Associated Press published its articles; the motive for the Program was not solely to discriminate against Muslims, but rather to find Muslim terrorists hiding among ordinary, law-abiding Muslims.

Copies of the complaint and other pleadings are available at the Center for Constitutional Rights. The dismissal is sure to be appealed.

http://lawprofessors.typepad.com/conlaw/2014/02/federal-judge-dismisses-complaint-alleging-nyc-police-surveillance-of-muslim-communities-in-new-jers.html

Courts and Judging, First Amendment, Free Exercise Clause, Standing | Permalink

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