Force, Slurs, Hijabs – What’s NYPD’s LINE?

Two women arrested during a pro-Palestinian protest in New York City are now suing the NYPD for alleged excessive force, claiming officers used racial slurs and denied medical care after their detention.

At a Glance

  • Jasmeen Nijjar and Anees Hasnain have filed lawsuits against the NYPD following their arrests during a “Millions March for Palestine” demonstration
  • The women claim they were assaulted, unlawfully searched, falsely arrested, and denied medical attention while in custody
  • An inert grenade discovered nearby prompted emergency response, which authorities claim was impeded by protesters
  • The lawsuit follows a pattern of similar cases, including a recent $13 million settlement for protesters arrested during 2020 demonstrations
  • Concerns about religious freedom also feature in the case, echoing previous lawsuits over the forced removal of hijabs

New Lawsuits Challenge NYPD Protest Tactics

Two women, Jasmeen Nijjar and Anees Hasnain, have filed lawsuits against the New York Police Department alleging misconduct during their arrests at a Times Square anti-Israel protest. According to court documents, the women claim officers assaulted them, conducted unlawful searches, made false arrests, and denied them necessary medical care following their detention. Hasnain specifically alleges an officer punched her in the face and handcuffed her while she was wearing a backpack, causing painful pressure on her wrists. Both women were eventually released with desk appearance tickets and faced no formal charges.

The incident occurred during what organizers called the “Millions March for Palestine” event, where tensions escalated between demonstrators and law enforcement. NYPD officials reported discovering an inert grenade in a nearby Uber vehicle during the protest, prompting an emergency response. Then-NYPD Deputy Commissioner Kaz Daughtry criticized protesters at the time, stating: “Happy Saturday to all! Except the people who thought it was a good idea to block an NYPD ESU vehicle on the way to a bomb threat call. They will be spending their Saturday where they belong – in jail!”

Part of a Larger Pattern of Complaints

The new lawsuits emerge against a backdrop of similar allegations against the NYPD’s handling of protests. Earlier this year, New York City agreed to a record-breaking $13 million settlement in a civil rights lawsuit representing nearly 1,300 people arrested during the 2020 George Floyd protests. That settlement, brought by lawyers from the National Lawyers Guild, addressed 18 separate protests where demonstrators claimed their First Amendment rights were violated through unlawful arrests and excessive force.

According to the settlement statement, “The legal team tracked and studied scores of locations as part of litigation. The analysis revealed clear patterns of systemic police misconduct. Far from being a case of a few bad apples, the widespread nature of the misconduct, coupled with the lack of meaningful investigation or discipline, paints the picture of a police department in need of deep operational and cultural reform.”

The 2020 settlement provided $9,950 in compensation to each eligible protester who experienced force at the hands of the NYPD, while a separate class action settlement awarded $21,500 to each of at least 200 protesters from the Bronx’s Mott Haven neighborhood. A 2020 report by the New York state Office of the Attorney General found evidence of excessive force, kettling tactics, and false arrests by the NYPD during those protests.

Religious Rights Also at Issue

Another dimension to police conduct during protests involves allegations of religious discrimination. The Council on American-Islamic Relations New York chapter (CAIR-NY) has filed a federal civil rights lawsuit against the City of New York and NYPD officers on behalf of two Muslim women who claim officers assaulted them and forcibly removed their hijabs during a protest. The women, Zarmeen Azam and Shajnin Howlader, reported severe physical and emotional trauma from the incidents.

According to the lawsuit, Ms. Howlader was choked with her hijab by an officer identified as Sergeant Joseph Spalding, while Ms. Azam was allegedly placed in a stranglehold by Assistant Chief Ruel Stephenson, who also removed her hijab. This lawsuit follows a previous $17.5 million settlement for individuals forced to remove religious head coverings for post-arrest photos, highlighting ongoing concerns about NYPD policies regarding religious attire during encounters with the public.

Questions About Public Safety and Free Speech

The recent lawsuits highlight the ongoing tension between maintaining public safety and protecting constitutional rights during large-scale demonstrations. Law enforcement officials maintain that certain interventions are necessary when protests potentially interfere with emergency operations or pose public safety risks, as suggested by the discovery of the inert grenade during the Times Square demonstration. However, critics argue that these concerns are sometimes used to justify overly aggressive policing tactics that infringe on First Amendment rights.

As these cases move through the legal system, they will likely prompt further examination of police protocols for managing large demonstrations and how those procedures align with constitutional protections. The outcomes may influence how future protests are policed not just in New York City but potentially across other major metropolitan areas facing similar challenges balancing public order with protected speech.

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