One lawsuit, filed in federal district court in Brooklyn by the American Civil Liberties Union and others, maintained that more than a decade of “suspicionless surveillance” of Muslims had violated the Constitution and “profoundly harmed” thousands of people whose names were placed in secret police files. The second, which was filed in Manhattan, said that the spying violated a set of rules, known as the Handschu Guidelines, that govern how the police in New York City may investigate political and religious activity.
The settlement, which is subject to approval by a judge, will require that police obtain factual information about possible unlawful activity before starting a preliminary investigation into political or religious activity, and will limit the Police Department’s use of undercover operatives and confidential informants. It will also formalize what the city said was an existing policy, by prohibiting investigations in which race, religion, or ethnicity are a substantial or motivating factor. The Police Department will remove from its Web site a report titled “Radicalization in the West,” which critics had said justified discriminatory surveillance, and will install a civilian representative within the department to serve as a check on investigations directed at political and religious activities.