Facts

Plaintiff and her husband were pulled over by an officer with the Long Beach Police Dept. Plaintiff, who was the passenger, was arrested after the officer learned there was an outstanding warrant for shoplifting in plaintiff’s name. Plaintiff, a Muslim, was arrested and she was required to remove her hijab, or head scarf.

Plaintiff filed a civil rights complaint against Police Chief Robert Luna, the City of Long Beach and Officers Eduardo Saldana and Conrad Penn.

PLAINTIFF’S CONTENTIONS: Plaintiff contended that a male officer forcibly removed her hijab at the police station and told her she was not allowed to wear it, causing her humiliation and distress and violating her religious freedom.

Plaintiff asserted causes of action for violation of Religious Land Use and Institutionalized Persons Act, violation of 1st Amendment Free Exercise Clause, violation of the California constitution and violation of the Tom Bane Act.

DEFENDANTS' CONTENTIONS: The city did not dispute that a male police officer removed the headscarf after the plaintiff, while in custodial detention, refused. At the time of this incident, removal of the traditional headscarf from detained persons was consistent with the Long Beach Police Dept.’s policy, primarily for the safety of both police officers and inmates.

Result

The city agreed to settle the case by paying $85,000 in attorney fees, but did not pay plaintiff any damages. The Long Beach Police Dept. also agreed to revise its policy regarding the removal of religious headscarves for female arrestees in custody.

Other Information

According to defense, while the 9th Circuit has not yet held that the removal of the headscarf, or hijab, places a substantial burden on one’s sincerely held religious beliefs, as prohibited by RLUIPA, after the lawsuit was filed, the city reviewed its policy and changed it. The city changed the policy to be consistent with the department’s interpretation of PLUIPA, and consistent with best law enforcement practices. The new policy requires female police officers to remove a hijab, while the detainee is out of the view of males. The hijab is then returned after the search.