NEW YORK — The Council on American-Islamic Relations, New York chapter (CAIR-NY), in partnership with law firm Kaufman Lieb Lebowitz & Frick LLP, has filed a federal lawsuit against Orange County Jail, alleging severe violations of a Muslim woman’s constitutional rights. The legal complaint, spanning 27 pages, accuses jail authorities of infringing on the First and Fourteenth Amendment rights of Tammi Green, a Muslim inmate.
Green, the lawsuit states, was forcibly compelled to remove her hijab for both her booking photograph and her prison-issued ID badge — an item she was required to wear daily on her jumpsuit to gain access to facilities and programs within the jail. Despite repeatedly pleading with staff to allow her to keep her religious covering, Green was reportedly denied that right and forced to go without her hijab for more than 12 hours prior to her court arraignment.
The court filing highlights that although Green was ultimately allowed to retake the photo with her hijab “months later,” the emotional damage had already been done. The original photo, still present in the facility’s database and allegedly visible to jail officials, continues to cause her psychological distress.
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Further claims in the complaint detail other troubling incidents: correctional officers are said to have confiscated Green’s hijab along with other religious items and refused to return them. A cell search reportedly left her misbahah (Islamic prayer beads) destroyed, and during another search, her Quran was “carelessly thrown to the floor.”
Adding to the distress, Green says she was repeatedly denied religious meals, particularly during the holy month of Ramadan — a critical issue for her as a diabetic, when stable meal schedules are essential for managing blood sugar levels.
The emotional toll of these alleged abuses was profound. According to the lawsuit, Green endured “severe depression, intense grief, and spiritual disorientation.” In a personal statement, she expressed the pain of being unable to pray for her loved ones, including her mother who was battling stage four cancer at the time. “Being denied my hijab felt like being stripped of my identity,” she said. “I was left traumatized and struggling with my faith.”
A staff attorney from CAIR-NY emphasized that “correctional officers are not exempt from the Constitution,” asserting that the religious rights of incarcerated individuals must be respected. The lawsuit seeks both compensatory and punitive damages, as well as a court order to prevent future violations.
Background and Broader Context
This case arrives amid growing scrutiny over the treatment of Muslim inmates in U.S. correctional facilities. Legal precedent has been mixed: in 2010, the Ninth Circuit Court of Appeals ruled that police officers did not violate religious rights by ordering a Muslim woman to remove her hijab. However, by 2020, a Virginia correctional facility revised its policy to permit religious headwear, suggesting a shift in institutional attitudes.
The constitutional balance between prison security and religious freedom remains a debated topic. As this case moves forward, it may have significant implications for how religious accommodations are handled in jails across the country.
