Jail forced Muslim woman to remove hijab for mugshot later posted online, lawsuit says
A Michigan woman is suing after she said her civil rights were violated when she was forced to remove her hijab for a mugshot that was later posted publicly online.
The Michigan chapter of the Council on American Islamic Relations, a Muslim civil liberties group, filed the lawsuit against Kent County, the Kent County Sheriff’s Office and Sheriff Michelle LaJoye-Young on behalf of the woman.
On April 8, the woman and her husband were arrested after police were called about a domestic dispute, according to the lawsuit filed Jan. 3.
While the woman was being booked into the county jail, the lawsuit said she was told she had to remove her hijab for a booking photo.
“She feared that refusing to remove her hijab would result in punishment and physical force by the officers in an effort to remove her hijab,” the lawsuit said.
She did as she was told and removed her hijab with two male officers in the room with her, according to the lawsuit.
However, the Kent County Sheriff’s Office told McClatchy News in a statement that the woman did not have to remove her hijab in the presence of men.
“As she was being processed into the jail our female corrections officer took her out of view of all male officers and inmates and asked her to remove the head covering to inspect it for weapons or other restricted material, and then she was allowed to put it back on before entering the booking area,” the sheriff’s office said.
The sheriff’s office said that when the photo was taken of Hague, a female officer made sure she was not in view of any male officers or inmates.
“There is a video and audio recording of this booking process in its entirety,” it said.
McClatchy News reached out to Kent County but did not get an immediate response.
A second photo was taken of her, this time with her hijab on. This photo was the one that should have been posted to the jail’s public website, according to the sheriff’s office’s policy, the lawsuit said.
However, the photo of the woman without the hijab on was posted instead, according to the lawsuit.
“Like many Muslim women whose religious beliefs dictate that they wear a hijab, (the woman) felt exposed and violated without hers. It is as if (she) was naked in a public space,” the lawsuit said.
Court records explain the Muslim practice of wearing a hijab when a woman is in the presence of men who are not immediate family members. However, with her hijabless photo being posted online, the woman felt violated.
“(Her) family and non-family members were able to access the image with a mere search of her name,” the lawsuit said. “The fact that it can be viewed again and again by men who are not members of her immediate family is haunting.”
McClatchy News reached out to the Council on American-Islamic Relations for comment but they did not wish to add any additional information at this time.
(The woman) was ultimately released from jail without charge, the court records said.
The lawsuit says that as a result of the county and jail’s actions, “(the woman) endured insurmountable amount of humiliation and trauma.”
Amy V. Doukoure, CAIR-MI staff attorney, said in a news release that the lawsuit is “an attempt to protect her from further harm should her image be once again publicly released.”
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