Three Muslim women who were arrested during a pro-Palestinian demonstration earlier this year are now suing the Dallas County Sheriff's Office for allegedly violating their constitutional rights while in custody.
Donia El-Hussain, Tamera Hutcherson and Nidaa Lafi were three of the 13 protesters arrested at a rally at Love Field Airport in January during President Joe Biden’s visit to Dallas for the funeral of former congresswoman Eddie Bernice Johnson.
The lawsuit filed in federal court late last month alleges county corrections officers forced the woman to remove their hijabs for their mugshots, which were published online in an NBC 5 article but later removed. The lawsuit also alleges the correctional officers made the three women lift up their shirts and bras while being processed.
As a result of the “unlawful discriminatory conduct,” the lawsuit states, the women “have suffered and continue to suffer mental anguish, physical and emotional distress, humiliation, and embarrassment.”
“We want to prevent anyone else from having to suffer through unnecessary, humiliating, and unlawful treatment for simply practicing their religion,” attorney Marwa Elbially, who represents one of the plaintiffs, told KERA in a written statement.
Elbially said removing someone's religious head covering serves no purpose.
“Both Federal and Texas law are clear on the necessity of providing reasonable religious accommodations,” Elbially continued. “Individuals can wear religious head coverings on official documents such as their driver's licenses and passports, so why have a photo without their head covering in this context?”
The lawsuit also names Dallas County and three unnamed corrections officers as defendants. The sheriff’s office did not provide a comment because of pending litigation. KERA also reached out to Dallas County Judge Clay Jenkins’ office for comment but had not heard back by Tuesday evening.
The plaintiffs are seeking a jury trial.
The aim of the lawsuit, Elbially wrote, is to push the sheriff’s office to implement a formal written policy and proper staff training explaining the importance of recognizing the religious rights of arrested individuals, and recognizing that the law clearly states that accommodations must be made.
“When someone expresses their sincerely held religious beliefs, like the Plaintiffs did, law enforcement has to respect their demand for reasonable accommodations,” Elbially told KERA. “Our rights to dignity and respect are not erased with handcuffs.”
Juan Salinas II is a KERA news intern. Got a tip? Email Juan at jsalinas@kera.org. You can follow Juan on X @4nsmiley
KERA News is made possible through the generosity of our members. If you find this reporting valuable, consider making a tax-deductible gift today. Thank you!