High Profile Case – OTMLaw https://otmlaw.com The Law Firm of Omar T. Mohammedi Tue, 06 Mar 2018 03:45:02 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.3 https://otmlaw.com/wp-content/uploads/2020/12/cropped-OTMLAW-PNG-copy-1024x731-1-32x32.png High Profile Case – OTMLaw https://otmlaw.com 32 32 Omar T. Mohammedi, Managing Partner at OTMLAW and Associate Liz Kimundi, appear before the New State Court of Appeal for Oral Arguments on Abdur-Rashid and Samir Hashmi v. NYPD https://otmlaw.com/omar-t-mohammedi-managing-partner-at-otmlaw-and-associate-liz-kimundi-appear-before-the-new-state-court-of-appeal-for-oral-arguments-on-abdur-rashid-and-samir-hashmi-v-nypd/ Tue, 06 Mar 2018 03:45:02 +0000 https://otmlaw.com/template3/omar-t-mohammedi-managing-partner-at-otmlaw-and-associate-liz-kimundi-appear-before-the-new-state-court-of-appeal-for-oral-arguments-on-abdur-rashid-and-samir-hashmi-v-nypd/ On February 6, 2018 the New York State Court of Appeals, heard oral arguments in a first impression case, where the NYPD has the federal Glomar response to State FOIL requests. The case was heard by all seven justices of the Court. Arguing for Appellants Abdur-Rashid and Samir was Mr. Mohammedi, arguing for the City was an Assistant Corporation Counsel. Some pictures from the hearing can be found here.

]]> OTMLAW announces the filing of an amicus curiae brief by the New York City Council’s Black, Latino/a and Asian Caucus. https://otmlaw.com/otmlaw-announces-the-filing-of-an-amicus-curiae-brief-by-the-new-york-city-councils-black-latino-a-and-asian-caucus/ Fri, 29 Dec 2017 20:40:56 +0000 https://otmlaw.com/template3/otmlaw-announces-the-filing-of-an-amicus-curiae-brief-by-the-new-york-city-councils-black-latino-a-and-asian-caucus/ On December 27, 2017, the New York City Council’s Black, Latino/a and Asian Caucus (BLAC) filed amicus curiae brief in support of our clients, Abdur-Rashid and Samir Hashmi in their FOIL litigation against the NYPD. The Caucus consists of twenty-four (24) duly elected members of the City Council who represent about nine (9) million New Yorkers. Caucus members bear the responsibility of protecting New Yorkers civil liberties, including those guaranteed under FOIL.

For more information please click here.

]]> The Law Firm of Omar T. Mohammedi LLC, announces the filing of an appellate brief before the Unites States Court of Appeals for the Second Circuit https://otmlaw.com/the-law-firm-of-omar-t-mohammedi-llc-announces-the-filing-of-an-appellate-brief-before-the-unites-states-court-of-appeals-for-the-second-circuit/ Mon, 04 Dec 2017 04:30:42 +0000 https://otmlaw.com/template3/the-law-firm-of-omar-t-mohammedi-llc-announces-the-filing-of-an-appellate-brief-before-the-unites-states-court-of-appeals-for-the-second-circuit/ The Law Firm of Omar T. Mohammedi LLC, announces the filing of an appellate brief before the Unites States Court of Appeals for the Second Circuit, on behalf of its client the Islamic Community Center for Mid Westchester (“ICCMW”). The filing appeals the decision issued by the District Court dismissing ICCMW’s  discrimination and  violation of the Religious Land Uses and Institutionalized Persons Act (“RLUIPA”) case. ICCMW’s property was deliberately targeted for discrimination by the City of Yonkers. The City of Yonkers discriminatorily designated ICCMW’s property as a landmark to prevent ICCMW from using the property as a Mosque.

]]> OTMLAW files a Reply Briefs on behalf of Abdur-Rashid and Samir Hashmi Before The Court of Appeals https://otmlaw.com/otmlaw-files-an-appeallate-reply-brief-on-behalf-of-abdur-rashid-and-samir-hashmi-before-the-new-york-state-court-of-appeals-challenging-the-nypd-surveillance-its-use-of-the-glomar-response-to-foil/ Fri, 09 Jun 2017 18:33:57 +0000 https://otmlaw.com/template3/otmlaw-files-an-appeallate-reply-brief-on-behalf-of-abdur-rashid-and-samir-hashmi-before-the-new-york-state-court-of-appeals-challenging-the-nypd-surveillance-its-use-of-the-glomar-response-to-foil/ Law Firm of Omar T. Mohammedi, LLC, (“OTMLAW”) has filed its reply brief on behalf of Talib W. Abdur-Rashid and Samir Hashmi against the New York Police Department. The reply brief challenges both the NYPD’s use of the Glomar in Freedom of Information Law (“FOIL”) requests and the NYPD’s use of the Handschu Guidelines as a shield to conceal their violation of FOIL.   The appeal is now fully briefed and is pending before the Court of Appeals. Oral arguments will be scheduled. Stay tuned.

 

]]> OTMLAW files the Appeal on behalf of Abdur-Rashid and Samir Hashmi before the Court of Appeals challenging the NYPD Surveillance and its Glomar Response to FOIL https://otmlaw.com/otmlaw-files-the-appeal-on-behalf-of-abdur-rashid-and-samir-hashmi-before-the-court-of-appeals-challenging-the-nypd-surveillance-and-its-glomar-response-to-foil/ Fri, 28 Apr 2017 19:56:37 +0000 https://otmlaw.com/template3/otmlaw-files-the-appeal-on-behalf-of-abdur-rashid-and-samir-hashmi-before-the-court-of-appeals-challenging-the-nypd-surveillance-and-its-glomar-response-to-foil/ This matter arises originally from a decision by the Respondents– Respondents, the New York Police Department (hereinafter referred to as “NYPD”) to deny two separate record requests by the Petitioners–Appellants (Talib W. Abdur-Rashid and Samir Hashmi) pursuant to the New York State Freedom of Information Law (New York State Public Officer Law (“POL”), Article 6, Sections 84-90) (hereafter referred to as “FOIL”).

OTMLAW files a brief for Abdur Rashid V NYPD appeal brief before the Court of Appeals

 

]]> Main Stream Media file an Amicus Brief against the NYPD to support OTMLAW Appeal against the NYPD Illegal Surveillance and FOIL case https://otmlaw.com/main-stream-media-file-an-amicus-brief-against-the-nypd-to-support-otmlaw-appeal-against-the-nypd-illegal-surveillance-and-foil-case/ Fri, 28 Apr 2017 19:24:48 +0000 https://otmlaw.com/template3/main-stream-media-file-an-amicus-brief-against-the-nypd-to-support-otmlaw-appeal-against-the-nypd-illegal-surveillance-and-foil-case/ Law Firm of Omar T. Mohammedi, LLC, (“OTMLAW”) is pleased to announce that an [Amici Curiae brief) (friend of the court brief) of 31 media organizations, including but not limited Bloomberg L.P. and Forbes, the New York Times, the Daily News and the Reporters Committee For the Freedom of the Press, is filed with the New York State Court of Appeals in support of OTMLAW’s appeal filed on February 20, 2017 on behalf Abdur-Rashid and Samir Hashmi against the New York Police Department (“NYPD”) in a surveillance and Freedom of Information Law (“FOIL”).

 

link to brief coming soon…

]]> First victory of Muslim teacher: NJ Federal Court denied the School’s Motion to Dismiss against a teacher claiming discrimination based on race, religion and national origin. https://otmlaw.com/first-victory-muslim-teacher-nj-federal-court-denied-schools-motion-dismiss-teacher-claiming-discrimination-based-race-religion-national-origin/ Thu, 23 Feb 2017 18:16:01 +0000 https://otmlaw.com/template3/first-victory-muslim-teacher-nj-federal-court-denied-schools-motion-dismiss-teacher-claiming-discrimination-based-race-religion-national-origin/ OTMLAW is pleased to announce that Ms. Hashem was handed the first victory in her lawsuit against Hunterdon Central Regional High School. Ms. Hashem filed her complaint last spring. In response to the Defendants’ motion to dismiss, the District Court sustained Sireen Hashem’s claims alleging employment discrimination, disparate treatment, retaliation (which included a false report to the FBI) and discriminatory discharge based on her race, religion and nation origin. Hashem v. Hunterdon, 2016 WL 5539590 (D.N.J. 9- 29-2016) Please view link to the order below.

http://otmlaw.com/wp-content/uploads/2017/02/9-29-16-Wolfson-Opinion-re.-Defs-MTD-1.pdf

]]> Court of Appeals granted leave of court to file an appeal in OTMLAW FOIL case https://otmlaw.com/court-appeals-granted-leave-court-file-appeal-otmlaw-foil-case/ Thu, 23 Feb 2017 16:54:21 +0000 https://otmlaw.com/template3/court-appeals-granted-leave-court-file-appeal-otmlaw-foil-case/ The Court of Appeals granted  Imam Abdur-Rashid and Samir Hashmi its application for leave to Appeal the Appellate Division, First Department’s decision which allowed the NYPD to use the federal Glomar theory “it cannot confirm of deny the existence of information”. Such theory does not exist under the New York State Freedom of Information Law (“FOIL”). The Court of Appeals grants only 2% of these applications. Please view the links below
Court Order Granting The Appeal
Petitioners Appeal Brief
]]> The Court rejected the Handschu Proposed Guidelines to protect against the NYPD spying https://otmlaw.com/court-rejected-handschu-proposed-guidelines-protect-nypd-spying/ Wed, 22 Feb 2017 19:45:26 +0000 https://otmlaw.com/template3/court-rejected-handschu-proposed-guidelines-protect-nypd-spying/ On October 16, 2016, Judge Haigh, issued an Order rejecting the proposed settlement as “Not Fair and Reasonable” to protect the New York Muslim Community against the NYPD’s illegal surveillance. The Order was issued following a major opposition by the New York community against the weak provisions in the settlement proposal. In his decision, Judge Haigh referred to the brief OTMLAW submitted as well as the oral argument made requesting stronger provisions to protect the community, including its clients Iman Abdur-Rashid and Samir Hashmi. The two clients have related cases pending before the New York Court of Appeals. For more information, please links to the OTMLAW brief and the Judge’s Order.

 

OTMLAW letter to Judge:
http://otmlaw.com/wp-content/uploads/2017/02/5-24-16-Letter-to-Judge-Haight-re-Handschu-Comments-Final.pdf

Judge’s Order:
http://otmlaw.com/wp-content/uploads/2017/02/Handschu-Order-Denying-Proposed-Settlement-10-28.pdf

]]> Talib W. Abdur-Rashid v. NYPD (FOIL) The Appellate Division Decision https://otmlaw.com/talib-w-abdur-rashid-v-nypd-foil-appellate-division-decision/ Fri, 03 Jun 2016 10:39:24 +0000 https://otmlaw.com/template3/talib-w-abdur-rashid-v-nypd-foil-appellate-division-decision/ Talib W. Abdur-Rashid v. NYPD (FOIL) The Appellate Division Decision

On July 5, 2016, OTMLAW filed a motion with the highest court in New York State, The New York State Court of Appeals, seeking permission to appeal the decision to the Appellate Division, First Department. This is to fight the ruling that the NYPD can respond to a New York State Freedom of Information Law (FOIL) request by neither “confirming nor denying” the existence of records responsive to a FOIL request… Read more

Click here to view the application submitted to The New York State Court of Appeals.

Click here to view the Appellate Division, First Department decision:

 

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