This is a civil rights action based upon the United States Constitution and 42U.S.C. § 1983, to remedy the illegal targeting of New Jersey Muslims for surveillance basedsolely upon their religion by the New York City Police Department (“NYPD” or “Department”).Plaintiffs seek an injunction prohibiting the NYPD from targeting them for unconstitutionalsurveillance, expungement of all records made pursuant to past unlawful spying, a declaratory judgment, and nominal damages.2.
In early 2002, the NYPD began a secret spying program (“Program”) to infiltrateand monitor Muslim life in and around New York City. The Department has focused, in particular, upon New Jersey Muslims, conducting surveillance of at least twenty mosques,fourteen restaurants, eleven retail stores, two grade schools and two Muslim StudentAssociations, in addition to untold numbers of individuals who own, operate, and visit thoseestablishments. The Department has also created over twenty precinct-level maps of the City of Newark, noting the location of mosques and Muslim businesses and the ethnic composition of the Muslim community.3.
As part of the Program, the NYPD takes photographs and videos and collectslicense plate numbers at mosques. It also utilizes undercover officers and informants to infiltrateand surveil Muslim communities, including mosques, Muslim Student Associations, and