A Muslim former police officer who allegedly endured racism and discrimination during his employment with the San Francisco Police Department — then retaliation and wrongful termination when he attempted to report the harassment — is on track to receive nearly half a million dollars from the city.
Mohammad Habib, 38, filed a lawsuit in 2018, alleging that his colleagues at the police department used racial slurs about his Arab heritage, and even vandalized his locker with references to ISIS and the words “tick, tick” — alluding to bombs.
Habib is Afghan, and immigrated to the United States from Iran as a child. After he reported the incidents in 2017, Habib said he faced retaliation from the department, and was ultimately fired during his probationary period.
Today, the Board of Supervisors agendized the $455,000 settlement, which was first approved by the Police Commission early this month.
Habib, for his part, said he was happy with the outcome, although it took five years to reach this point. “I feel vindicated,” Habib said when reached by phone.
The City Attorney’s Office declined to comment on the nature of the settlement, but spokesperson Jen Kwart said, “We believe the proposed settlement is an appropriate resolution, given the inherent costs of continued litigation.”
The police department said Habib’s firing was justified, and based on his omission of incidents from his past on his application to work for the SFPD, including a time in which he allegedly impersonated a CIA agent. This allegation was never proven.
Over the past five years, litigation in the case has dragged on, as both Habib and the city have filed various motions ahead of an impending jury trial. Earlier this year, after a judge ruled on a series of motions from both sides to exclude information before trial, court records show that the city’s attorneys and Habib’s lawyers reached a settlement.
Habib alleged in his lawsuit that after he became a police officer in February 2017, and completed five months of field training at Northern Station, he was transferred to Central Station in June 2017 for his probationary first year on the police force. There, he began to endure racist comments and conduct because of his background as an Middle Eastern man who practiced Islam.
Habib endured “harassing” comments “every single day from July to November 2017,” according to the lawsuit. This included graffiti of an ISIS flag on his locker and the words, “ISIS go back.”
Habib’s lawsuit accused Sgt. Scott Gaines of asking Habib if he knew any “towel heads,” and Officer Darren McCray of repeatedly calling him a “sand n******.”
Officer Anthony Srinivas allegedly commented on the weight of Habib’s bag: “You can leave your … RPGs and grenades at home.” Officer Pavel Khmarskiy allegedly made similar comments, and both officers asked Habib to warn them of his plans for future terrorist attacks.
Habib also alleged that he heard his colleagues using slurs about Black and gay people.
And, when he tried to report the harassment, beginning in November 2017, the lawsuit claims that his supervisors “launched a campaign of intimidation and retaliation” against him.
In a declaration made in March 2021, Chief Bill Scott said that Habib was dismissed for “various material omissions and misrepresentations,” including a still-unproven question of whether he was fired or voluntarily left a previous job with the Oakland Police Department. Habib was also accused of impersonating a CIA agent in Napa, but he has denied that claim.
Even if Habib had falsified some of his background, the size of his settlement indicated to some attorneys that there may have been some truth to his allegations.
“Somebody in the City Attorney’s Office … did their investigation, and they found out that some of that shit was true,” said Randy Knox, a criminal lawyer and former assistant district attorney, when presented with the public facts of the case. Knox noted that the city likely would not have settled for the $455,000 sum if it was not “absolutely convinced” that it could be liable for multiple times that amount.
Others, however, said it was impossible to know the reasoning behind the decision. Much of the documents in Habib’s case are heavily redacted.
Employment attorney Therese Cannata said that settlements with city employees are “very fact-dependent, and it’s very difficult for someone who’s on the outside … to be able to accurately state whether the settlement was justified, warranted, or appropriate for the case.” Cannata represented a firefighter who went to trial last month in a discrimination case.
Other police officers involved in high-profile discrimination cases have been paid out varying amounts, but Habib’s is the largest employment settlement to a single officer in recent years: officer Brendan Mannix, who accused higher-ups of anti-gay bullying, received a $225,000 settlement last year, and former officer Linda Chen, who accused the department of a pattern of discrimination, including sexual harassment, received a $350,000 settlement in 2017.
Correction: A previous version of this story said the Board of Supervisors approved the settlement on this date — this settlement was approved by a Board committee on Nov. 16, 2023.
The POA says there’s a morale problem at SFPD, although based on what we’re hearing it’s not for the reasons they say: I’m not surprised there’s a morale problem at an employer that tolerates harassment.
Matthew,
Make a ‘stone soup’ of our departments.
Mix in some cops from Taiwan and Swiss firefighters for 2 years.
Our Security Forces are too inbred with haters.
Go Niners !!
h.
Does anyone know whether any of the other officers involved were ever disciplined?
No, they were promoted
This is where our tax money goes, and yet the Police continue to ask for more money. For what? So they can harass more people of color? I guarantee you the officers who made the remarks or harassed will not be punished. They will be put on desk duty and will still get paid. It’s like a mini vacation for them. Officer Habib is a hero and is lucky he did not get hurt. I know there are a lot of great honest policemen out there unfortunately it’s not all of them.
Daisy May,
Last I looked SFPD had 14% of their sworn officers on desk duty.
LAPD had 6%.
If we were as efficient in this regard we’d have another 150 officers on the streets.
Why does the Police Commission feel it necessary to have a clerk with a badge and gun ?
I’m trying to sell ‘elected chief’ idea to Lurie who listens.
Go Niners !!
h.
The proper demonym for Afghanistan is Afghan (e.g. Afghan-American), Afghani refers to the currency.
SF needs mandatory minimum SFPD staffing so that the SFPOA can harass recruits that don’t meet their racketeering influenced corrupt standards, costing taxpayers big bucks.
SFPD cannot be reformed. That’s why there is a concerted backlash from the right against structural public safety changes.
Marcos,
SFPD can be reformed.
By a strong elected Chief.
Just as our Sheriffs and Public Defenders are independent of all but Voter will.
As long as the SF Police Chief is a Figurehead wishboned between Mayor and SFPOA there will be no reform.
It will only get worse.
Go Niners !!
h.
Afghan is the correct term when referring to a person, Afghani refers to the currency.
Like Randy said ✌️
We can change the Culture of SFPD,
The department hires bullies as new hires and Lateral Transfers.
I suggest we water down the hater elements on all of our Security forces.
Trade our cops and firefighters and deputies and nurses and doctors.
At least for a year and preferably 2 like the Peace Corps.
If any Sister City had a disaster we could send help who know their systems.
If you’re working active fires on earthquake scene in Istanbul or SF skin color or religion does not matter.
All of the candidates thus far are running on Platforms of Hate.
I’m trying to sell this plank to Lurie.
Go Niners !!
h.