Center for Constitutional Rights
|Founded||July 1966 by Arthur Kinoy, William Kunstler, Ben Smith and Morton Stavis|
|Services||Advocacy, litigation, public education|
|Michael Ratner, President Emeritus; Jules Lobel, President; Alex Rosenberg and Peter Weiss, Vice-Presidents; Vincent Warren, Executive Director; Baher Azmy, Legal Director; William P. Quigley, Associate Legal Director|
|This section needs additional citations for verification. (October 2011)|
The Center, originally the Law Center for Constitutional Rights, was set up to give legal and financial support to lawyers who were representing civil rights movement activists in Mississippi at the height of the struggle against racial segregation and economic injustice. Its founders were Morton Stavis, Arthur Kinoy, Ben Smith[disambiguation needed] and William Kunstler. The Center conceived of itself as a "movement support" organization—that is, an organization that concentrated on working with political and social activists to use the courts to promote the activists' work. Cases were chosen not necessarily because they could be won, but also because they would raise public awareness of an issue, generating media attention, or energizing activists harassed by local law enforcement in the southern US. In this regard, the Center differed from more traditional legal non-profits such as the ACLU, which was more focused on bringing winnable cases in order to extend precedents and develop the law, as well as pursuing First Amendment issues.
The current organization was formed from the merger of the original Center for Constitutional Rights (formed in 1966 by Kunstler, Kinoy, Stavis and Smith) and the Emergency Civil Liberties Committee (ECLC).
During the 1960s and 1970s, the Center brought scores of cases on behalf of civil rights activists, many of which made their way to the Supreme Court. Despite the Center's ready embrace of litigation strategies promising "success without victory" (as the title of CCR President Jules Lobel's book put it), many of these lawsuits resulted in victories and set lasting precedents.
The 1980 decision in Filártiga v. Peña-Irala, using the Alien Tort Claims Act (ATCA) of 1789 (unearthed by CCR attorney and current Vice-President Peter Weiss), opened U.S. courts for victims of human rights crimes to bring suit against perpetrators from anywhere. From the early 1980s through 9/11, the Center was known for bringing such claims for violations of international law in United States courts.
Since 9/11, CCR has been known for bringing a variety of cases challenging the Bush administration's extraordinary rendition, detention and interrogation practices in the so-called "Global War on Terror". According to CCR's website, primary issues for advocacy and public education include: illegal detentions, particularly with regards to the Guantanamo Bay detainment camp; surveillance and attacks on dissent, which fights the U.S. government's involvement in unlawful surveillance, monitoring and intimidation of activists such as the Black Panthers; criminal justice and mass incarceration, including jail expansions and unjust detentions; corporate and human rights abuse both domestic and international; government abuse of power, primarily encompassing CCR's challenge to the Bush administration's policy of extraordinary rendition; racial, gender and economic justice; and international law and accountability. In 2005 the organization was recognized with the Domestic Human Rights Award by Global Exchange, in San Francisco.
Activities and litigation
Al Odah v. United States, 127 S. Ct. 3067 (2007): the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at Guantanamo. It was consolidated under Boumediene v. Bush, which was decided by the US Supreme Court in 2008, ruling that the MCA was unconstitutional.
Arar v. Ashcroft, 585 F. 3d 559 (2009): challenges U.S. government’s extraordinary rendition policies and highlights the experience of Maher Arar, a Canadian citizen allegedly sent by the United States to be tortured in Syria. He has never been charged, and has been found by the Canadian government not to be involved with terrorism. He and CCR seek an acknowledgment of the U.S.'s alleged involvement and an end to the rendition program.
Abtan v. Blackwater, 611 F.Supp.2d 1 (2009): CCR filed suit on behalf of the civilian victims of the September 16, 2007, Blackwater Baghdad shootings in Nisoor square, Baghdad, by Blackwater USA’s armed contractors. The suit charges that Blackwater “created and fostered a culture of lawlessness amongst its employees, encouraging them to act in the company’s financial interests at the expense of innocent human life.” Blackwater is also accused of extrajudicial killing and war crimes, assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision.
Daniels v. City of New York, 291 AD 2d 260 (2002) / Floyd v. City of New York, 739 F. Supp. 2d 376 (2010): This case forced the New York City Police Department to end their practice of stopping and frisking people solely on the basis of their race or national origin. The case also highlighted the practices of the NYPD Street Crimes Unit (responsible for the 1999 shooting of Amadou Diallo), leading to its disbandment. The case’s settlement created an internal audit system of officers engaged in stop and frisks, the results of which are turned over to CCR on a quarterly basis. In addition, the settlement required the NYPD to begin “know your rights” public education programs. CCR is currently attempting to compel the NYPD to comply with the terms of the settlement.
Estate of Ali Hussamalde Albazzaz v. Blackwater Worldwide: This case is a civil suit filed on behalf of the family of an Iraqi man. CCR is charging Blackwater Worldwide with war crimes.
Khan v. Bush: This suit is filed on behalf of Majid Khan, a U.S. asylum-holder who was held in secret detention at a C.I.A. "black site" for three years, after which he was transferred to the Guantanamo Bay detention camp. CCR has filed a habeas corpus submission on his behalf.
Kunstler v. City of New York, 439 F.Supp.2d 327 (2006): This lawsuit charges the New York Police Department with unlawfully arresting allegedly peaceful anti-war protesters and holding them for allegedly excessively long periods of time.
Mamani v. Sanchez de Lozada / Mamani v. Sanchez Berzain, 636 F.Supp.2d 1326 (2009): These two suits have been filed against the former President of Bolivia, Gonzalo Daniel Sánchez de Lozada Sánchez Bustamante and former Minister of Defense, Jose Carlos Sánchez Berzaín for their alleged roles in the deaths of civilians during popular protests against the government of Bolivia in September and October 2003.
Matar v. Dichter, 500 F. Supp. 2d 284 (2007): CCR presented a federal class action lawsuit against the former Director of Israel’s General Security Service (GSS), Avi Dichter, on behalf of Palestinians killed or injured in a 2002 “targeted killing” air strike in Gaza. It charged him with extrajudicial killing, war crimes and other gross human rights violations. The case was dismissed, and the dismissal upheld on appeal.
Saleh v. Titan, 361 F. Supp. 2d 1152 (2005): Saleh is a federal class action lawsuit against Titan and CACI International Incorporated, contractors who provided interrogation services at Abu Ghraib. The lawsuit accuses the contractors of cruel and humiliating treatment during interrogations.
Turkmen v. Ashcroft: This suit, filed on behalf of a class of Muslim, South Asian, and Arab non-citizens, is a class action civil rights lawsuit contesting their being swept up by the INS and FBI in a racial profiling dragnet following 9/11.
United States v. City of New York (formerly Vulcan Society v. City of New York): This is an Equal Opportunity Commission charge filed by CCR on behalf of the Vulcan Society, an organization of Black firefighters in New York City. The lawsuit charges Fire Department of New York with discriminatory hiring practices.
Wiwa v. Royal Dutch Petroleum, 626 F.Supp.2d 377 (2009), Wiwa v. Anderson, and Wiwa v. Shell Petroleum Development Company: These are three lawsuits focusing on the human rights abuses against the Ogoni people in Nigeria. They are being brought against the Royal Dutch Petroleum Company and Shell Transport and Trading Company (Royal Dutch/Shell), the head of its Nigerian operation, and Royal Dutch/Shell’s Nigerian subsidiary for their complicity in the abuses.
Zalita v. Bush, 127 S. Ct. 2159 (2007): This case forwards a habeas corpus petition for Al Qassim, a Libyan refugee currently detained in Guantanamo after almost six years. It challenges the U.S. government plan to transfer him to his native country despite his risk of torture and persecution there.
International Criminal Court Complaint, 2011 On September 13, 2011, attorneys from the Center for Constitutional Rights and leaders of SNAP, the Survivors Network of those Abused by Priests, formally filed a complaint with the International Criminal Court (ICC) charging top Vatican officials for tolerating and enabling the concealment of rape and child sex crimes worldwide. At least 20,000 pages of reports, policy papers, and crime evidence by Catholic clergy supplemented the complaint.
The Amicus Brief in Ragbir v. Holder (2011) The Amicus Brief in Ragbir v. Holder was submitted on May 23, 2011. Amici are several community, immigrant justice, and civil rights organizations who argue that the Second Circuit interfered with Ragbir's right to introduce relevant evidence. The Second Circuit wrongfully did not remand Ragbir v. Holder to the Board of Immigration Appeals to apply broader evidentiary standards established in the Nijhawan v. Holder case.
Brown, et al. v. Snyder, et al. (2011) This June 22, 2011 case was filed on behalf 28 Michigan residents, and it effectively challenges the Emergency Manager law and Local Government and School Fiscal Accountability Act under the State Supreme court of Michigan. The amended complaint, filed by the CCR on September 14, 2011, challenged the constitutionality of the application of the Emergency Manager law.
Civic Association of the Deaf of New York City, Inc. v. Rudolph Giuliani, et al. (1995) When New York City introduced a plan to remove fire alarm boxes and replace them with payphones, the Civic Association of the Deaf of New York City filed this suit under the Americans with Disabilities Act to block that action because pay phones are not easily accessible to the deaf or the hard of hearing. This federal class action lawsuit resulted in a victory for the Plaintiffs. When the New York City Fire Department and the City of New York requested that the court modify or dispose of the injunction in June 2010, the court again ruled in favor of the Civic Association of the Deaf of New York City on August 15, 2011.
Doe, et al. v. Jindal, et al. (2011) On February 16, 2011 the CCR filed a suit that challenged the need for "Crime Against Nature" convictions to result in a registration on the state sex offenders list. The defendants in this case were several Louisiana state officials. On October 31, 2011, the CCR moved for a Summary Judgement.
Amicus Brief in Glik v. Cunniffe, et al. (2011) On January 25, 2011, CCR submitted an amicus brief on behalf of Glik and several Copwatch groups. The essential argument is that recording police activities by individuals or organizations within a community is protected by the First Amendment. In September 2011, the judge ruled in favor of Glik stating that his First Amendment rights had been violated.
Aref, et al. v. Holder, et al. (2010) This case, filed on March 30, 2010, challenged policies and conditions of experimental prisons in Indiana and Illinois. Exactly one year later, the court partially dismissed the case, but allowed the CCR to pursue procedural due process and retaliation claims.
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Dombrowski v. Pfister, 380 US 479 (1965): The Center for Constitutional Rights’ first major case was a successful suit against the Louisiana Un-American Activities Committee to invalidate the use of state anti-subversion laws to intimidate civil rights workers. CCR won the case in the Supreme Court and established that such intimidation had a “chilling effect” on First amendment rights and was therefore unconstitutional.
Abramowicz v. Lefkowitz, (1972): Abramowicz challenged New York state laws that restricted abortion, and served as a model for challenges to similar laws in other states. This case marks the first instance of challenge to abortion statutes being argued by women plaintiffs in terms of women’s right to choice rather than a doctor’s right to practice.
United States v. Dellinger, (1972): CCR attorneys William Kunstler and Leonard Weinglass defended the “Chicago 8”, a group of social movement figures, after the 1968 Democratic National Convention demonstrations and consequent police repression. The eight defendants, David Dellinger, Rennie Davis, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Bobby Seale, were anti-war, civil rights and human rights activists, and Students for a Democratic Society and Black Panther Party members. The eight were found not guilty of their conspiracy charges, but five were found guilty of crossing state lines to incite a riot. However, the Center was able to appeal and then overturn these charges, based on the judge's bias and the refusal to screen jurors for possible cultural and/or racial bias'.
Monell v. Department of Social Services, 357 F.Supp. 1051 (1972): Although this case began as a challenge to New York City’s forced maternity leave policies, its resolution created a precedent that established local government accountability for unconstitutional acts and created the right to obtain damages from municipalities in such cases. Since 1978, this precedent has been used by lawyers and non-profits as a tool to challenge police misconduct, civil rights violations, and other local unconstitutional acts.
Filártiga v. Peña-Irala, 630 F. 2d 876 (1980): Filártiga established a precedent for the use of the Alien Tort Statute to allow foreign victims of human rights abuses to seek justice in U.S. courts. CCR represented the family of Joelito Filártiga, the son of a left-wing Paraguayan dissident who had been tortured and killed by Paraguayan police. The precedent created by this case has facilitated subsequent international human rights cases, including Doe v. Karadzic, and Doe v. Unocal, cases which established that multinational corporations and other non-state actors can be held responsible for their complicity in human rights violations.
Paul v. Avril, (1994): In 1991, on behalf of six Haitian political activists including Mayor of Port-au-Prince Evans Paul, and under the Alien Tort Statute, the Center for Constitutional Rights sued former military dictator Proper Avril for human rights violations. The suit sought compensation for damages that the plaintiffs suffered under Avril’s rule. In November 1993, CCR attorneys moved for a default judgment. In July 1994, in an unprecedented decision in which a Haitian dictator or member of the military was held accountable for human rights abuses, a federal magistrate awarded a $41 million damage judgment to the victims of Prosper Avril.
Doe v. Karadzic, (2000): In 1993, the Center for Constitutional Rights and co-counsel filed a lawsuit seeking compensation for victims and survivors of Serb leader Radovan Kardzic’s campaign of genocide and torture in Bosnia. Karadzic defaulted in 1997. On September 25, 2000, the jury decided on a verdict of $4.5 billion.
Rasul v. Bush, 215 F. Supp. 2d 55 (2004): CCR represented Guantanamo detainees seeking fair trials and an end to their indefinite imprisonment without charge. The Supreme Court case established precedent for U.S. courts’ jurisdiction over the Guantanamo Bay prison camp, affirming detainees’ right to habeas corpus review. This right was later putatively revoked when President Bush signed the Military Commissions Act into law. CCR brought many of the same habeas corpus petitioners to the Supreme Court again in Boumediene v. Bush, decided in 2008, in which the Supreme Court declared the relevant parts of the MCA unconstitutional and restored the rights won in Rasul.
Floyd, et al. v. City of New York, et al. (2013) CCR filed a federal class action lawsuit against the New York City Police Department (NYPD) and the City of New York that challenges the NYPD's practices of racial profiling and "stop-and frisk." These NYPD practices led to a dramatic increase in the number of suspicion-less stop-and-frisks per year in the city, with the majority of stops in communities of color. On August 12, 2013, a federal judge found the New York City Police Department (NYPD) liable for a pattern and practice of racial profiling and unconstitutional stop-and-frisks in a historic ruling, and on January 30, 2014, the City agreed to drop its appeal of the ruling and begin the joint remedial process ordered by the court.
- 1996 shelling of Qana
- Abu Ghraib torture and prisoner abuse
- American Freedom Campaign
- Baher Azmy
- Bowoto v. Chevron Corp.
- David D. Cole
- Death squad
- Ghost detainee
- Guantanamo Bay attorneys
- Guantanamo Bay captives habeas corpus
- Gitanjali S. Gutierrez
- Hamdi v. Rumsfeld
- International Federation of Human Rights
- Jailhouse lawyer
- Movement to impeach George W. Bush
- The New York Foundation
- Ronald Daniels
- State Secrets Privilege
- Unlawful combatant
- USA PATRIOT Act
- Violent Radicalization and Homegrown Terrorism Prevention Act of 2007
- Winter Soldier Investigation
- Yvonne Wanrow
- "Respected Activist Lawyer Bill Quigley Will Be New CCR Legal Director | Center for Constitutional Rights". Ccrjustice.org. February 20, 2009. Retrieved November 28, 2010.
- The Center for Constitutional Rights.
- "Illegal Detentions and Guantanamo; Center for Constitutional Rights". Ccrjustice.org.
- "Surveillance and Attacks on Dissent; Center for Constitutional Rights". Ccrjustice.org.
- "Criminal Justice and Mass Incarceration; Center for Constitutional Rights". Ccrjustice.org.
- "Government Abuse of Power; Center for Constitutional Rights". Ccrjustice.org.
- "Racial, Gender and Economic Justice; Center for Constitutional Rights". Ccrjustice.org.
- "International Law and Accountability; Center for Constitutional Rights". Ccrjustice.org.
- "Global Exchange Human Rights Awards Ceremony to be Held on May 12 in San Francisco" May 4, 2005
- "Boumediene v. Bush / Al Odah v. United States; Center for Constitutional Rights". Ccrjustice.org.
- "Arar v. Ashcroft et al; Center for Constitutional Rights". Ccrjustice.org.
- "Abtan, et al. v. Prince, et al.; Center for Constitutional Rights". Ccrjustice.org.
- "CCR v. Obama, formerly CCR v. Bush; Center for Constitutional Rights". Ccrjustice.org.
- "Daniels, et al. v. the City of New York; Center for Constitutional Rights". Ccrjustice.org.
- "Floyd et al v City of New York et al; Center for Constitutional Rights". Ccrjustice.org.
- "Albazzaz, et al. v. Prince, et al; Center for Constitutional Rights". Ccrjustice.org.
- "Khan v. Obama/ Khan v. Gates; Center for Constitutional Rights". Ccrjustice.org.
- "Kunstler v. City of New York; Center for Constitutional Rights". Ccrjustice.org.
- "Mamani, et al. v. Sánchez de Lozada / Mamani, et al. v. Sánchez Berzain; Center for Constitutional Rights". Ccrjustice.org.
- "Saleh et al v. Titan et al; Center for Constitutional Rights". Ccrjustice.org.
- "Turkmen v. Ashcroft; Center for Constitutional Rights". Ccrjustice.org.
- "United States of America and Vulcan Society, Inc. v. City of New York; Center for Constitutional Rights". Ccrjustice.org.
- "Wiwa et al v. Royal Dutch Petroleum et al; Center for Constitutional Rights". Ccrjustice.org.
- "Zalita v. Obama; Center for Constitutional Rights". Ccrjustice.org.
- Center for Constitutional Rights : ICC Vatican Prosecution
- "Amicus Brief in Ragbir v. Holder".
- "Amicus Brief in Ragbir v. Holder PDF".
- "Brown et. al. v. Snyder et. al".
- "Civic Association of the Deaf of New York City, Inc. v. Rudolph Giuliani, et al.".
- "Doe, et al. v. Jindal, et al.; Center for Constitutional Rights". Ccrjustice.org.
- "Statement of Facts Not In Dispute in Support of Plaintiffs Motion for Summary Judgement; Center for Constitutional Rights". Ccrjustice.org.
- "Amicus Brief in Glik v. Cunniffe, et al.; Center for Constitutional Rights". Ccrjustice.org.
- "Aref, et al. v. Holder, et al.; Center for Constitutional Rights". Ccrjustice.org.
- "Dombrowski v. Pfister; Center for Constitutional Rights". Ccrjustice.org.
- "Abramowicz v. Lefkowitz; Center for Constitutional Rights". Ccrjustice.org.
- "United States v. Dellinger; Center for Constitutional Rights". Ccrjustice.org.
- "Monell v. Department of Social Services; Center for Constitutional Rights". Ccrjustice.org.
- "United States v. Banks and Means (Wounded Knee); Center for Constitutional Rights". Ccrjustice.org.
- "Filártiga v. Peña-Irala; Center for Constitutional Rights". Ccrjustice.org.
- "Crumsey v. Justice Knights of the Ku Klux Klan; Center for Constitutional Rights". Ccrjustice.org.
- "Paul v. Avril; Center for Constitutional Rights". Ccrjustice.org.
- "Doe v. Karadzic; Center for Constitutional Rights". Ccrjustice.org.
- "Rasul v Bush; Center for Constitutional Rights". Ccrjustice.org.