The Council on American-Islamic Relations for New York (CAIR-NY), alongside Kaufman Lieb Lebowitz & Frick LLP, has initiated legal action against officials in Orange County, New York, claiming religious discrimination against Tammi Green, a Muslim inmate. The lawsuit, which has been delineated in a 27-page complaint, alleges multiple infringements of Green’s rights under the First and Fourteenth Amendments. Of particular concern is the alleged forced removal of Green’s hijab during her booking procedure and for her identification card, both instances leading to profound personal and emotional distress, as detailed in a report by JURIST.
The complaint describes several occasions where jail officials confiscated Green’s religious items, like her hijab, misbahah (prayer beads), and Quran. In addition to losing her religious articles, Green endured challenges related to religious accommodations for her meals, particularly during Ramadan, which is vital for her Type 2 diabetes management.
CAIR-NY is pressing for compensatory and punitive damages, a jury trial, and injunctions to prevent future violations. A press release from CAIR-NY underlines that “correctional officers are not above the law” and emphasizes the necessity for incarcerated individuals to practice their religion without impediment.
This lawsuit arises amidst a broader legal context, with historical cases such as a 2010 ruling by the US Court of Appeals for the Ninth Circuit, which held that police officers did not violate a Muslim woman’s rights by removing her hijab. Meanwhile, a 2020 policy change in Virginia prisons now permits religious head coverings. As stakeholders await the outcomes of this case, the broader constitutionality of prohibiting religious head coverings within prisons remains a delicate and evolving topic of legal discourse.