The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA), the nation’s largest Muslim civil rights and advocacy organization, today welcomed the settlement of a lawsuit brought in 2018 by former San Jose police officer Nabil Haidar, a Muslim Lebanese American, against the city of San Jose and the San Jose Police Department. The suit alleged discrimination, harassment and retaliation based on his race, national origin and religion.
Haidar alleged the harassment began after the September 11, 2001, terrorist attacks and continued for years. Colleagues regularly asked him, “How many infidels are you going to kill today?” “You aren’t gonna fly an airplane, are you?” and “Have you lost your way to the White House?” They repeatedly called him “Taliban” and “Bin Laden.”
The lawsuit highlighted a November 2017 incident that occurred during a briefing where the Briefing Sergeant and Captain recognized all present veterans in honor of Veteran’s Day. The Briefing Sergeant said, “Captain, you forgot to mention Nabil. He is an ISIS veteran. He was with ISIS for two years.” Haidar filed a complaint about the incident with the city’s Internal Affairs Unit, which found sufficient evidence to prove his allegations—nearly a year and a half later—and resulted in a one-week suspension for both officers.
In the meantime, the harassment continued unabated. In January 2018, while Haidar was at the scene of a burglary, a fellow officer approached him, making hand motions and an explosion sound, pretending to be a suicide bomber. He asked Haidar if the knife he wore on his duty belt was a “f***ing Lebanese throat cutter.” Haidar’s body camera captured this racist mockery. Haider again filed a complaint with Internal Affairs, which found in his favor but took no action against the officer.
Haidar, who requested a duty transfer after the 2018 incident that resulted in a substantial pay cut and filed for early retirement in 2022, sued the city and police department for economic and severe post-traumatic-stress-related damages.
The settlement agreement, which was approved by the San Jose City Council in its meeting on September 26, 2023, awarded Haidar $400,000.
SEE: Settlement Agreement and Release
In a statement, CAIR-SFBA Policy Coordinator Musa Tariq said:
“While we welcome the settlement as a step toward justice for Mr. Haidar, it is deeply concerning that the city and San Jose Police Department did not acknowledge any wrongdoing, instead choosing to trivialize his claims by suggesting that he was a willing participant. Such tactics underscore the urgent need for accountability and reform within the department. Law enforcement agencies must foster an inclusive and respectful work environment, free from discrimination and bias.
“We stand in solidarity with Mr. Haidar and commend his courage in speaking out against the injustices he faced. The community expects and deserves a police force that upholds the highest standards of professionalism, ethics and fairness. We urge the San Jose Police Department to use this settlement as an opportunity for meaningful reform and as a foundation for rebuilding trust with the community it serves.”