United State appeals court accepted the lawsuit filed against a warden Souhair Khatib holding cell in Southern California. Khatib pointed to the prison warden had violated the freedom of religion, as ordered Khatib to remove hijab when in a courthouse holding cell.
A panel of appellate court - the 9th U.S. Circuit Court of Appeals - which consists of 11 person jury unanimously declared that Souhair Khatib is entitled to wear the hijab, except the warden of the prison could prove potentially dangerous hijab Khatib had.
This case has been rolling since 2007, when Khatib had lawsuit against Orange County court that had held him for several hours after a judge declared revoke probation against Khatib had custody on charges of fraud. For several hours the court holding cell, holding cell guards ordered him to open her headscarf. Khatib had could only cry as she covered her hair with the vest he wore. It happened in 2006.
In a previous trial, the judge and three appeals court judges rejected Khatib had lawsuit on the grounds that federal law provides protection for freedom of the prisoners to perform their religious worship, does not cover if someone is detained in the courthouse holding cell.
According to them, federal law does not apply in the cells that are only for "transit", for example holding cell at the courthouse, and only valid for a more permanent detention institutions, such as prison or correctional institution.
But the 9th Circuit court judges rejected that argument and declared the case Khatib had lawsuit can proceed. (ln / Washington Post.
In a previous trial, the judge and three appeals court judges rejected Khatib had lawsuit on the grounds that federal law provides protection for freedom of the prisoners to perform their religious worship, does not cover if someone is detained in the courthouse holding cell.
According to them, federal law does not apply in the cells that are only for "transit", for example holding cell at the courthouse, and only valid for a more permanent detention institutions, such as prison or correctional institution.
But the 9th Circuit court judges rejected that argument and declared the case Khatib had lawsuit can proceed. (ln / Washington Post.
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