Selective Prosecution Claim Rejected

In Kelly v. City of New York, 2005 U.S. Dist. LEXIS 19140 (SDNY, Sept. 6, 2005), a federal trial court rejected the claim of several former employees of the New York Department of Corrections that they were suspended and recommended for termination because of their adherence to the Moorish faith. The court found overwhelming evidence that they were disciplined because of bogus tax documents they submitted and because the Department reasonably believed that they were affiliated with a dangerous non-religious group.