ECBAWM, CAIR-NY, Secure $225,000 Settlement and Policy Reform
(SUFFOLK COUNTY, NY) - Emery Celli Brinckerhoff Abady Ward & Maazel LLP and the Council on American-Islamic Relations New York announced a settlement securing $225,000 in damages and policy reform in a federal civil rights lawsuit filed in 2024 against the County of Suffolk. The suit was filed in the United States District Court for the Eastern District of New York against the County of Suffolk over the treatment of Marowa Fahmy, a practicing Muslim woman who was forced by Suffolk County Police Department (SCPD) officers to remove her hijab, was strip-searched in front of a male officer, and was denied repeated pleas to remain covered during and after her arrest.
After the suit was filed, Suffolk County changed its policy on religious head coverings, explicitly stating that
religious garments that do not substantially cover an individual’s face may be worn during the taking of any
photographs. The new policy also explicitly names certain types of religious head coverings such as “yarmulkes, hijabs, or turbans” and instructs officers to permit individuals to wear their religious head coverings while in custody, absent unusual circumstances. In addition to monetary damages, the settlement includes the Suffolk County Police Department’s commitment to train its officers on its religious head covering policies.
“What happened to me was humiliating and deeply traumatic. Being forced to remove my hijab and remain exposed for hours in front of male officers violated everything I believe in,” said plaintiff Marowa Fahmy. “I
brought this case so no one else has to go through what I did. I’m grateful to my legal team for securing a change to the Suffolk County Police Department’s policy, so that others can be treated with the dignity and respect every human being deserves.”
“The forced removal of a person’s religious head covering in front of male officers is profoundly degrading,”
said O. Andrew F. Wilson, Partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, who, together
with Sana Mayat, is counsel for Ms. Fahmy. “Ms. Fahmy’s courage to bring this case not only secured justice
for herself but led to real policy change. This settlement sends a clear message that Suffolk County’s
previous practices were unconstitutional and out of step with national norms.”
“This settlement reaffirms that police must respect the hijab, and the women that wear them. What Ms. Fahmy
went through should never happen again. County by county, we are steadily building policy change in law
enforcement through cases like this one. We will continue to fight on behalf of our community members until
everyone in the State is protected,” said Burhan Carroll, CAIR-NY Staff Attorney.
Background
On October 9, 2022, Marowa Fahmy, a practicing Muslim woman who has worn a hijab every day for nearly
30 years, was arrested by SCPD officers following a domestic complaint later proven to be false. Her arrest set
off a series of traumatic events that violated her religious beliefs and caused deep emotional harm.
After being taken into custody, Ms. Fahmy repeatedly explained to officers that, in accordance with her Muslim faith, she could not be seen without her hijab in the presence of men outside her immediate family. Despite her pleas, SCPD officers forced her to remove both layers of her head covering, exposing her hair and neck. She was denied a replacement covering and left uncovered for approximately nine hours.
Throughout her detention, Ms. Fahmy was paraded in front of multiple male officers while crying and begging to be allowed to cover herself. Officers ignored her requests, citing internal rules. At one point, SCPD officers strip-searched her in front of a male officer, forcing her to undress down to a sheer top with her breasts visible. The officer pulled the waistband of her pants and searched under her bra while she stood exposed, sobbing and humiliated.
Later, officers escorted Ms. Fahmy to another facility where two male officers took her photograph without her
hijab, over her continuing objections. She was again returned to the women’s jail, still without her head covering, and later transported to court — once again exposed to male officers and detainees. Only after nine hours of repeated violations of her religious rights did officers return her hijab.
Ms. Fahmy filed suit in January 2024, alleging that SCPD’s actions violated the Religious Land Use and
Institutionalized Persons Act (RLUIPA), the First Amendment to the U.S. Constitution, and Article I, Section 3
of the New York State Constitution. The complaint also challenged Suffolk County’s official policy, which
required arrestees to remove religious head coverings for booking photographs and allowed them to remain
uncovered in custody, regardless of their faith.
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Emery Celli Brinckerhoff Abady Ward & Maazel LLP is a nationally-recognized litigation boutique that focuses on civil rights, commercial, criminal, and ethics matters. Our civil rights practice includes wrongful convictions, sexual harassment and assault, police and prison misconduct, children’s and disability rights, housing rights, election law, all forms of discrimination, and class actions. Our commercial practice includes complex commercial litigation, partnership disputes, real estate and land use, investigations, ethics and discipline, and appeals. www.ecbawm.com The Council on Islamic Relations, New York (“CAIR-NY”) is the New York chapter of CAIR, the nation’s largest Muslim civil rights and advocacy organization. CAIR-NY serves Muslim New Yorkers through legal advocacy, education, media relations, civic engagement, and grassroots mobilization. CAIR-NY protects New Yorkers who have experienced discrimination, harassment, hate crimes, and combats Islamophobia and systemic discrimination in all its forms.
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CAIR-NY's mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR-NY es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT:
Afaf Nasher, Esq., Executive Director, anasher@cair.com, 917-669-4006
CAIR-NY Communications Team, comms@ny.cair.com