The Michigan chapter of the Council on American-Islamic Relations (CAIR-MI) has welcomed a federal court ruling in Detroit, allowing a lawsuit to proceed against the Oakland County Sheriff’s Office on behalf of a Muslim woman who was forced to remove her hijab during her arrest in 2023.
The Sheriff’s Office attempted to have the case dismissed, but on January 27, U.S. District Judge Mark Goldsmith ruled that the lawsuit seeking financial compensation and a formal acknowledgment of rights violations could move forward.
Case background
CAIR-MI filed the lawsuit in 2023 on behalf of Sierra Gellani, a Dearborn resident, who was forced to remove her hijab during the booking process at the Oakland County Jail.
- Her uncovered mugshot was published on the county jail’s website.
- She was subjected to a search in the presence of male officers.
- She was denied the right to wear her hijab throughout her detention in August 2023.
Legal charges and court decision
The lawsuit names Oakland County Sheriff Michael Bouchard and deputies Emily Zoning and Megan Kern as defendants, citing six violations, including:
- Religious Land Use and Institutionalized Persons Act (RLUIPA)
- Religious freedoms under the U.S. Constitution
- Violations of the Michigan State Constitution
- Ordinary negligence
- Gross negligence
While the court dismissed most of the charges, including:
- All claims against Sheriff Bouchard
- The demand for $200,000 in damages under RLUIPA and Michigan law
It upheld the “ordinary negligence” charge, allowing the plaintiff to continue the case.
Violation of religious rights
The court ruling highlighted contradictions in Oakland County’s policies, noting that:
- Written policies allow detainees to retain head coverings.
- Cross-gender searches are generally prohibited.
However, Gellani was subjected to a search by female officers Zoning and Kern in the presence of two male officers.
The court decision explicitly stated:
“Zoning and Kern forced Gellani to remove her hijab and hand it to a male officer without her consent, after informing her that removing the hijab was mandatory.”
After removing her hijab, Gellani was:
- Escorted through multiple areas of the jail, visible to male officers, staff and detainees.
- Forced to take a mugshot without her hijab.
- Her uncovered photo was published on the Oakland County Jail’s public website and uploaded to the Michigan State Police database, where the lawsuit alleges it remains accessible to this day.
CAIR-MI’s response
CAIR-MI Executive Director Dawud Walid welcomed the ruling, stating:
“We welcome the judge’s decision allowing this case to proceed to trial. There is no justification for forcing any woman in custody to remove her hijab for a booking photo that will later be published online.”
He further emphasized:
“No Muslim woman should be forced to remove her hijab in any jail. What happened to Ms. Gellani is a blatant violation of her rights and a serious desecration of her religious beliefs.”
Walid reaffirmed CAIR-MI’s commitment to legal action, stating that the organization will:
- Continue suing local law enforcement agencies until all departments respect Muslim women’s constitutional right to wear hijab, even in custody.
- Ensure policies are in place that prevent religious rights violations.
Attorney’s statement & CAIR’s legal efforts
Attorney Amy Doukoure, representing CAIR-MI, revealed that:
- They initially sought an out-of-court resolution with the Oakland County Sheriff’s Office.
- The Sheriff’s Office refused to take responsibility and attempted to blame Gellani instead of admitting wrongdoing.
Doukoure stated:
“We had no choice but to pursue litigation to restore Ms. Gellani’s rights and hold them accountable for doing what is just.”
She expressed her determination to push forward with the case until justice is served.
Similar cases and broader implications
CAIR-MI has been actively involved in multiple lawsuits regarding Muslim women’s religious rights in detention:
- Earlier this month, CAIR-MI filed a federal lawsuit against Kent County and the Kent County Sheriff’s Office on behalf of another Muslim woman who was forcibly stripped of her hijab for a booking photo that was released online.
- In 2022 and 2023, CAIR-MI settled several federal lawsuits against Ferndale, Detroit and the Michigan Department of Corrections for similar violations involving Muslim women being forced to remove their hijabs during detention.
These cases highlight ongoing concerns about religious rights violations in law enforcement practices and reinforce the importance of policy changes to protect the religious freedoms of Muslim women in custody.
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