Updated March 11, 2019
Jamilla Clark and Arwa Aziz on Behalf of Themselves and Others Similarly Situated, and Turning Point for Women and Families;
-against-
The City Of New York
Status: Settled
Key issues: Police Practices, First Amendment, RLUIPA, NYPD, Privacy.
Court: U.S. District Court for the Southern District of New York.
Docket: 18 Civ. 2334 (RWS)
Counsel: S.T.O.P. & Emery Celli Brinkerhoff and Abady LLP
STOP and our co-counsel are pursuing a federal civil rights lawsuit to end the NYPD policy of forcing arrestees to remove religious head coverings, including turbans, wigs, hats, and the hijab. Our plaintiffs include a survivor of domestic violence who was traumatized by the NYPD when she was forced to undress in front of male arrestees and officers.
Under NYPD policy, when an individual who wears a religious head covering that reveals the face is arrested, the NYPD forces them to make a traumatizing choice.
Either they can remove their head covering in central booking, in full view of officers and arrestees of the opposite sex, or they can request to be transferred to One Police Plaza. Those who choose to be transferred can take a photo with the officer of the same sex, but the photo is later visible to officers and court personnel of the opposite sex. These arrestees also face the prospect of hours more in custody as they are shuttled back–and–forth across New York City
Key Filings
Mar. 16, 2018, Complaint
June 13, 2018, Motion to Dismiss - Memo of Law
July 27, 2018, Opposition to Motion to Dismiss - Memo of Law
3/11/2019 Sign-on letter to Mayor de Blasio re NYPD religious attire policy.
11/5/2020 Settlement Agreement.
2/16/2021 Order Certifying Class Action
4/5/2024 Proposed Settlement Agreement
Media
The New York Times: New York to Pay $17.5 Million for Forcing Removal of Hijabs in Mug Shots
Gothamist: NYC agrees to $17.5M payout for women forced by NYPD to remove hijabs
Reuters: New York City to pay $17.5 million for forcing women to remove hijabs for mug shots
Channel News Asia: NYC to pay $17.5M to settle suit after forcing two women to remove hijabs
The Jewish Voice: NYC to Pay $17.5M in Hijab Lawsuit Settlement in Groundbreaking Agreement
NCJA: NYC Pays $17.5M To Women Forced To Remove Hijabs For Mugshots
Reuters: NYPD sued for forcing Muslim women to remove headscarves in arrest photos.
AMNY: NYPD policy forcing women to remove hijabs during booking photos sparks lawsuit.
Haaretz: Muslim Women Sue NYC After Forced to Remove Headscarf.
Huffpost: Muslim Women Forced To Remove Hijab For Mugshots File Civil Rights Lawsuit.