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Deutsch

The plaintiff is a German citizen with West African roots. In mid-July 2016, he was standing right on his doorstep at around midnight to smoke a cigarette when three federal police officers approached him and subjected him to an identity check without suspicion.

Since the plaintiff's ID was in his apartment, he identified himself verbally and a data match-up was run, deeming his personal data credible.

The plaintiff thought considered the identity check to be racial profiling and saw it as a violation of his fundamental rights (Article 3 (3) of the Constitution and Article 2 (1) in conjunction with Article 1 (1) of the Constitution) and as an infringement of the Schengen Agreement which is why he filed a lawsuit in August 2016 against the Federal Police.

At first instance, the plaintiff acted as his own counsel. The action was dismissed on 28 September 2017 by the administrative court of Saarland. The plaintiff then got in otuch with lawyer Sven Adam and BUG. BUG provided legal assistance to the plaintiff for the 2nd instance.

The Saarland Higher Administrative Court did not recognize any prohibited racial profiling by the federal police and dismissed the complaint. Due to the plaintiff's successful admission to appeal, the Federal Administrative Court overturned the judgment and referred the matter back to the Saarland Higher Administrative Court for a new hearing. The last oral hearing on July 8, 2021 was about the question of whether the federal police's identity check and the subsequent data comparison were illegal based on the specific situation report and how the situation report is to be documented. A verdict without further hearing was pronounced by the court. A revision was not allowed. The plaintiff has now lodged an appeal against this.