Civil rights organization files lawsuit against Suffolk police, alleges Muslim woman's hijab was forcibly removed

Suffolk County Police

NEW YORK (1010 WINS/ WCBS 880 NEWS) – A civil rights organization and a law firm announced a lawsuit against the Suffolk County Police Department on Wednesday following an incident where a Muslim woman was allegedly forced to remove her hijab, a religious headscarf.

The New York chapter of the Council on American-Islamic Relations and Emery Celli Brinckerhoff Abady Ward & Maazel LLP filed the lawsuit after Marowa Fahmy was arrested by the Suffolk officers on Oct. 9, 2022, where she was allegedly subjected to an invasive body search and had her hijab forcibly removed, according to the complaint.

Fahmy, from East Setauket, was arrested at the time based on a false domestic complaint filed by her 16-year-old son and was taken into custody at the SCPD in Coram, according to the lawsuit.

While she was in custody, SCPD officers allegedly forced Fahmy to remove her hijab for a photograph. She was later allegedly forced to undress for a body search and was exposed to multiple male officers while in police custody, according to the complaint.

Fahmy told officers numerous times that she could not be seen without her hijab, however, her religious beliefs were disregarded by the officers, according to the lawsuit.

SCPD officers allegedly did not return Fahmy’s hijab for nine hours.

Within 90 days of her arrest, Fahmy’s lawyer filed a Notice of Claim with the Suffolk County Attorney’s Office.

Fahmy felt “exposed and violated without hers—as if she were naked in a public space,” according to the complaint.

The lawsuit alleged that the SCPD’s conduct violated New York State and federal law.

Under the SCPD’s Policy 900.5.6, individuals are generally allowed to wear headscarves for religious reasons, with the policy stating, “Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances.”

The policy requires these coverings to be searched before being worn and specifies that “Individuals wearing headscarves or other approved coverings shall not be required to remove them while in the presence of or while visible to the opposite sex if they so desire.”

Additionally, the policy acknowledges that “Religious garments that substantially cover the individual’s head and face may be temporarily removed during the taking of any photographs.” It also emphasizes accommodating religious beliefs in custody, stating, “Subject to available resources, safety and security, the religious beliefs and needs of all individuals in custody should be reasonably accommodated.”

The lawsuit highlights that in Fahmy’s case, officers allegedly did not adhere to these guidelines.

Fahmy is now seeking damages for loss of rights and emotional distress.

“SCPD’s hijab-removal policy is inhumane, regressive, and clearly unlawful,” CAIR-NY Legal Fellow Burhan Carroll said. “We will continue to fight on behalf of our community members who have been wronged by law enforcement.”

The incident violated Fahmy’s First Amendment rights, which protect individuals from unreasonable interference with their religious freedoms, the lawsuit claims.

When 1010 WINS contacted the SCPD for a statement, their response was, “We don’t comment on pending litigation.”