Changes Made to Deal Settling NYPD Surveillance Suits


An agreement that settles lawsuits accusing the New York Police Department of violating basic rights in Muslim communities after Sept. 11, 2001, has been revised to build in more oversight that acts as a check against surveillance abuses.

The revisions filed Monday expand the responsibilities of a civilian representative acting as a check against surveillance abuses by the police department. The representative would be a member of the police department with access to police records, in contrast to the city’s Inspector General for the NYPD, which is an independent agency with less internal departmental access.

The revisions expand the scope of the representative to ensure compliance with the rules that govern surveillance of political and religious activity. The representative would report to the court any violation concerns, and the mayor would have to get approval from the court to eliminate the position.

U.S. District Judge Charles S. Haight Jr. approved a settlement in October, but requested the changes be made, and criticized the police department for routinely disregarding the Handschu Guidelines. He must also sign off on the revisions before the settlement is final.

The Handschu Guidelines took the name of the lead plaintiff, Barbara Handschu, in a 1971 lawsuit that challenged surveillance of war protesters in the 1960s and ’70s. Those guidelines were relaxed after Sept. 11 to help police fight terrorism.

The agreement covers two cases, the Handschu case and another case filed in 2013 on behalf of mosques, community leaders and other groups who said they were wrongly the target of NYPD surveillance.

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