Moved to 'Dead End' Job
Anti-Terror Analyst Says NYPD Retaliated

By REUVEN BLAU

An Egyptian-born analyst for the NYPD who has charged that he was subjected to hundreds of nasty anti-Muslim and anti-Arab e-mail messages sent by a city contractor has expanded his suit to include a retaliation complaint.

BRUCE TEFFT

The analyst, who initially filed the case as "John Doe Anti-Terrorism Officer" because he worked as an undercover officer at the NYPD's Cyber Unit, contends that he was transferred "back to a dead-end position" with the Correction Department due to his lawsuit.

Terrorist Specialist

He began his career with the city in the Correction Department, where he rose to the rank of Captain. Since 1998, he had been assigned to the NYPD's Intelligence Division, under the auspices of the Federal High Intensity Drug Trafficking Division, where he worked to identify terrorist threats to New York City.

His original suit alleged that Bruce Tefft, a former CIA official, sent him and his colleagues in the Intelligence Division, including Deputy Commissioner David Cohen, discriminatory e-mail briefings from the summer of 2002 until December 2005.

The modified suit has added Mr. Cohen and Inspector Matthew V. Pontillo as defendants.

The NYPD's contract with Orion ended in 2003, but Mr. Tefft continued to send the e-mails.

According to the lawsuit, the messages included commentary from Mr. Tefft that had virulent anti-Muslim and anti-Arab notes such as, "burning the hate-filled Koran should be viewed as a public service at least," and "a good Muslim ... can't be a good American."

In another e-mail, he asked, "Has the U.S. threatened to vaporize Mecca?" and answered, "Excellent idea, if true."

Warned Against Trust

The suit also alleged that Mr. Tefft told the analyst's colleagues that they should not trust him or any other Muslim officer because "Muslims have no place in law enforcement."

In the summer of 2003, the former analyst alleged that he complained directly to Mr. Tefft and reported the harassment to his own supervisor, who did nothing in response. According to the suit, he then complained to three other bosses. Afterwards, one high-ranking Lieutenant allegedly stated, "All Arabs are animals," while other officers made comments stating that Muslims should be driving hot dog carts, the suit alleged.

On Feb. 16, 2006, the analyst filed an employment discrimination charge with the Equal Employment Opportunity Commission, alleging race, religion, and national origin discrimination and retaliation against the city. Eight months later, the EEOC issued a Notice of Right to Sue.

Paul J. Browne, the NYPD's chief spokesman, said that the department stopped the e-mails after the complaint surfaced. He added that Commissioner Cohen did not know of the "offensive commentary" until the complaint was filed.

Earlier this year Mr. Tefft unsuccessfully argued that the case should be dismissed because the court lacks personal jurisdiction over him, his First Amendment rights bars the employment discrimination claims brought against him, and a part of the Communications Decency Act provides immunity for interactive computer service providers.