united states district court for the eastern district...
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MAHA ALDHALIMI,
an individual
Plaintiff,
Case No.
v Judge:
Magistrate:
CITY OF DEARBORN;
CITY OF DEARBORN POLICE COMPLAINT AND
DEPARTMENT; JURY DEMAND
POLICE CHIEF RONALD
HADDAD, in his official capacity
as City of Dearborn Chief of Police;
JOHN DOE police officers, in their
official capacities;
Defendants.
_____________________________________________________________
SHEREEF H. AKEEL (P54345)
WILLIAM R. THOMAS (P77760)
Akeel & Valentine, PLC
Co-Counsel for Plaintiff
888 West Big Beaver Road, Suite 910
Troy, MI 48084-4736
(248) 269-9595
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FATINA ABDRABBOH (P76026)
REEM SUBEI (P92650)
American Arab Anti-Discrimination
Committee
Co-Counsel for Plaintiff
930 Mason St.
Dearborn, MI 48124
(313) 581-1201
COMPLAINT AND JURY DEMAND
NOW COMES Plaintiff, Maha Aldhalimi, by and through
undersigned counsel, and for her Complaint against Defendants, states as
follows:
JURISDICTIONAL ALLEGATIONS
1. Plaintiff, Maha Aldhalimi, is a resident of Wayne County, State
of Michigan.
2. Defendants maintain systemic and continuous contacts with
Michigan, reside in Michigan, do business in the State of Michigan, and
committed illegal acts intended to and did deprive Plaintiff of her rights in
the State of Michigan.
3. This instant action arises under the Religious Land Use and
Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq., Title
VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the First
and Fourteenth Amendments to the United States Constitution.
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4. The actions that give rise to the claims asserted occurred in
Wayne County, within the State of Michigan.
5. This Honorable Court has subject matter jurisdiction over
Plaintiff’s claims based on federal questions jurisdiction, 28 U.S.C. § 1331.
6. Venue is proper in this Honorable Court as Defendant conducts
business within the Eastern District of Michigan, is subject to personal
jurisdiction within the Eastern District of Michigan, and a substantial part of
the events giving rise to the claims alleged occurred in the Eastern District of
Michigan. 29 U.S.C. § 1391(b).
PARTIES
7. Plaintiff is female and is a devout Muslim.
8. In accordance with Plaintiff’s sincerely-held religious beliefs,
men who are not immediate family members may not see more than her
face, hands, and feet.
9. In accordance with her sincerely-held religious beliefs, Plaintiff
wears a headscarf or hijab covering her hair, ears, neck, and chest.
10. Defendant City of Dearborn is a municipal corporate body
established by and operating pursuant to a City Charter permitted under the
laws of the State of Michigan.
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11. Defendant City of Dearborn is responsible for establishing
policies and customs for the City of Dearborn Police Department.
12. Defendant City of Dearborn Police Department is responsible
for conducting business and making City of Dearborn arrests and bookings,
and has its principal office located at 16099 Michigan Ave, Dearborn, MI
48126.
13. Defendant City of Dearborn Police Department is a municipal
corporation, duly organized, and carrying on governmental functions in the
County of Wayne, State of Michigan.
14. Defendant City of Dearborn Chief of Police Ronald Haddad
(“Chief Haddad”) is responsible for making and enforcing policies and
customs of the City of Dearborn Police Department.
15. Defendant Chief Haddad was at all relevant times a law
enforcement officer acting under color of law for purposes of 42 U.S.C. §
2000cc and 42 U.S.C. § 1983.
16. Chief Haddad was at all relevant times employed by the City of
Dearborn, Michigan, as a police chief. Chief Haddad is sued in his official
capacity.
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17. Defendants John Doe Police Officers (“Officers JOHN DOES”)
were at all relevant times employed by the City of Dearborn, Michigan, as
police officers.1
18. Defendant Officers JOHN DOES were at all relevant times law
enforcement officer acting under color of law for purposes of 42 U.S.C. §
2000cc and 42 U.S.C. § 1983.
FACTUAL ALLEGATIONS
19. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
20. Plaintiff is a devout Muslim woman who, in accordance with
her sincerely-held religious beliefs, adorns a headscarf, known as a hijab.
21. Plaintiff’s religious beliefs compels her to wear the hijab (a
traditional headscarf) to prevent her entire body and hair, with the exception
of face, hands, and feet, from being seen by men who are not members of
her immediate family.
22. Plaintiff’s religious belief in Islam is sincerely held and her
belief in the mandate of hijab is deeply rooted in Islamic texts and teachings.
1 Plaintiff is “permitted to bring suit against unnamed ‘John Doe’ defendants
until discovery or other information reveals the identity of the party.” Brown
v. Owens Corning Inv. Review Comm., 622 F.3d 564, 572 (6th Cir. 2010).
Plaintiff will amend her complaint pursuant to Fed. R. Civ. P. 15, prior to
the close of discovery, upon learning the identity of the John Doe Officers.
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23. Plaintiff’s hijab complies with the traditional Islamic head
cover in that it covers all of her hair cover and is thus recognizable as a
hijab.
24. Appearing in the presence of male, non-family members
without wearing a hijab is a serious breach of Plaintiff’s faith and a deeply
humiliating and defiling experience in conflict with her sincerely-held
religious beliefs.
25. At all relevant times, Plaintiff was wearing her hijab until being
involuntarily forced to remove it.
26. On September 15, 2014, Plaintiff was stopped by a Dearborn
Police Officer for temporarily parking in a no parking zone outside of
Walmart.
27. Upon checking Plaintiff’s identification and registration, the
Police Officer realized that Plaintiff had a warrant for her arrest for an
unpaid parking violation.
28. The Police Officer arrested Plaintiff and transported her to City
of Dearborn Police Department.
29. Prior to being booked and processed by Defendants, Plaintiff’s
son, Mohamed Alakoli, arrived at the police station.
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30. Mr. Alakoli informed the officers that Plaintiff wears a hijab in
accordance with her sincerely-held religious belief and cannot be seen
without it by non-relative males.
31. Mr. Alakoli was assured that Plaintiff would not be ordered to
remove her hijab in the presence of non-relative males.
32. Thereafter, Officers JOHN DOES, who are male, took Plaintiff
to a room for a booking photograph.
33. Officers JOHN DOES ordered Plaintiff to remove her hijab for
a photograph.
34. Plaintiff started crying and did not comply.
35. Plaintiff repeatedly asked not to be forced to remove her hijab.
36. Plaintiff stated that she could not remove her scarf because of
her religion.
37. In response, Officers JOHN DOE ordered Plaintiff to remove
her hijab or it would be removed involuntarily against her will.
38. Plaintiff was shivering and crying from the humiliation and
distress of the encounter and orders.
39. Reluctantly, involuntarily, and against her sincerely-held
religious belief, Plaintiff removed her hijab, in the presence of a male, non-
family member.
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40. Defendants’ policies, customs, and conduct violates Plaintiff’s
rights as secured under the First and Fourteenth Amendments to the United
States Constitution, 42 U.S.C. § 2000cc et seq., and 42 U.S.C. § 1983.
41. On information and belief, Defendant City of Dearborn and its
employees and agents prohibited Plaintiff from wearing her religious
headscarf pursuant to a City of Dearborn custom, practice, or official policy.
42. Alternatively, based on information and belief, Defendant City
of Dearborn and its employees and agents prohibited Plaintiff from wearing
her religious headscarf pursuant to a custom, practice, or official policy
implemented by Defendant Chief Haddad or other officers employed by the
City of Dearborn or the City of Dearborn.
43. Officers JOHN DOE, knowing that Plaintiff wore a hijab for
religious purposes, forced her to remove it against her sincerely-held
religious beliefs.
44. Defendants failed to accommodate or otherwise provide an
exemption or exception for Plaintiff’s sincerely-held religious beliefs.
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COUNT I
VIOLATION OF THE RELIGIOUS LAND USE
AND IMPRISONED PERSONS ACT, 42 U.S.C. § 2000cc
45. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
46. The RLUIPA provides, in relevant part, the following: “No
government shall impose a substantial burden on the religious exercise of a
person residing in or confined to an institution, as defined in section 1997 of
this title, even if the burden results from a rule of general applicability,
unless the government demonstrates that imposition of the burden on that
person- (1) is in furtherance of a compelling governmental interest; and (2)
is the least restrictive means of furthering that compelling governmental
interest.” 42 U.S.C. § 2000cc-1(a)(1)-(2).
47. Plaintiff is a “person” as defined under the RLUIPA.
48. At all relevant times, Plaintiff was residing in or confined to an
institution when the events transpired.
49. Plaintiff’s wearing of a hijab is a sincerely-held religious belief.
50. At all relevant times, Defendants were covered under the term
“Government” as defined under the RLUIPA. See 42 U.S.C. § 2000cc-
5(4)(A)(i)-(iii).
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51. At all relevant times, Defendants’ Police Station where the
immediate events transpired is a federally funded “institution” as defined
under the RLUIPA (42 U.S.C. § 2000cc-1(a)) and the Civil Rights of
Institutionalized Persons Act of 1980 (“CRIPA”), 42 U.S.C. §
1997(1)(B)(ii)-(iii)).
52. Defendants’ acts or omissions, policies and customs, while
Plaintiff was residing in or confined to the Police Station substantially
burdened her religious exercise of wearing covering all her body except her
face and feet from non-relative males.
53. Defendants’ acts or omissions, policies and customs, do not
further a compelling government interest.
54. Defendants’ acts or omissions, policies and customs, are not the
least restrictive means of furthering a compelling government interest.
55. As a direct and proximate result of Defendants’ wrongful acts
and omissions, Plaintiff has sustained damages, and has suffered and
continues to suffer mental anguish, physical and emotional distress,
humiliation, and embarrassment.
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WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a judgment in favor of Plaintiff, and against Defendants, for damages
in whatever amount Plaintiff is found to be entitled; preliminary injunctive
relief followed by a permanent injunction; declaratory judgment; costs and
attorneys’ fees wrongfully incurred to bring this action; and any other
damages, including punitive damages as provided by applicable law.
COUNT II
VIOLATION OF THE FIRST AMENDMENT TO THE
UNITED STATES CONSTITUTION PURSUANT TO 42 U.S.C. § 1983
56. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
57. 42 U.S.C. § 1983 provides:
Civil action for deprivation of rights:
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be
liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress, except that in any action
brought against a judicial officer for an act or omission taken in
such officer's judicial capacity, injunctive relief shall not be
granted unless a declaratory decree was violated or declaratory
relief was unavailable.
58. Under the First Amendment, Plaintiff has the right to freely
exercise her religion.
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59. 42 U.S.C. § 1983 prohibits any person acting under color of
state law, custom, or usage, to deprive a citizen of rights secured by the
Constitution.
60. Defendants’, at all relevant times herein, were acting under
color of state law.
61. Defendants’ deprived Plaintiff of her right to freely exercise her
religion.
62. As a direct and proximate result of Defendants’ violation of 42
U.S.C. § 1983, Plaintiff has sustained damages, and has suffered and
continues to suffer mental anguish, physical and emotional distress,
humiliation, and embarrassment.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a judgment in favor of Plaintiff, and against Defendants, for damages
in whatever amount Plaintiff is found to be entitled; preliminary injunctive
relief followed by a permanent injunction; declaratory judgment; costs and
attorneys’ fees wrongfully incurred to bring this action; and any other
damages, including punitive damages as provided by applicable law.
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COUNT III
CONSPIRACY TO DEPRIVE EQUAL PROTECTION
OF THE LAW IN VIOLATION OF 42 U.S.C. § 1985(3)
63. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
64. The unidentified Police Officers who ordered Plaintiff to
remove her hijab for the booking photograph and other Defendants
conspired to violate Plaintiff rights as guaranteed under the Constitution.
65. Defendants conspired for the purpose of depriving Plaintiff and,
the class of Muslim women similarly situated to Plaintiff, of equal privileges
of exercising religious beliefs under the law.
66. The Police Officers acted in furtherance of the conspiracy when
they ordered Plaintiff to remove her hijab and continued to order her to do
so after she resisted.
67. As a direct and proximate result of Defendants’ wrongful acts
and omissions, Plaintiff has sustained damages, and has suffered mental
anguish, physical and emotional distress, humiliation, and embarrassment.
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WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a judgment in favor of Plaintiff, and against Defendants, for damages
in whatever amount Plaintiff is found to be entitled; preliminary injunctive
relief followed by a permanent injunction; declaratory judgment; costs and
attorneys’ fees wrongfully incurred to bring this action; and any other
damages, including punitive damages as provided by applicable law.
COUNT IV
PRELIMINARY INJUNCTION
PURSUANT TO FED. R. CIV. P. 65
68. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
69. Defendants’ conduct as alleged above was extreme, outrageous,
and intolerable in a civilized society.
70. Defendants’ actions were intention and made with reckless
indifference to Plaintiff’s rights and sensibilities.
71. Plaintiff’s right to the free exercise of her religion was infringed
upon and substantially burdened by Defendants’ actions.
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72. Defendants’ policy, practice, and customs of forcing Muslim
woman to remove their hijabs while being processed into police custody is
unlawful and infringes upon the right of Plaintiff and other Muslim women,
to freely exercise their religion without it being substantially burdened by
the government.
73. Defendants’ policy, practice, and customs caused and continue
to cause Plaintiff and other Muslim women harm.
74. Pursuant to Federal Rule of Civil Procedure 65, as well as the
other legal and equitable powers of this Honorable Court, Plaintiff is entitled
to the issuance of an injunction enjoining Defendants from continuing their
policy, practice, or custom of forcing Muslim women to remove their hijab
while being photographed and processed into police custody, in violation of
federal law and the United States Constitution.
75. In the absence of injunctive relief, Plaintiff and other similarly-
situated Muslim women will continue to suffer irreparable harm.
76. The issuance of an injunction is not likely to cause substantial
harm to others because Defendants are capable of processing Muslim
women into custody and photographing them without violating these
women’s right to freely exercise their religion.
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77. Plaintiff has a strong likelihood of succeeding on the merits of
her claims.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a judgment in favor of Plaintiff, and against Defendants, for damages
in whatever amount Plaintiff is found to be entitled; preliminary injunctive
relief followed by a permanent injunction; declaratory judgment; costs and
attorneys’ fees wrongfully incurred to bring this action; and any other
damages, including punitive damages as provided by applicable law.
COUNT V
DECLARATORY RELIEF
PURSUANT TO FED. R. CIV. P. 57 AND 28 U.S.C. §§ 2201-2202
78. Plaintiff repeats and re-alleges the foregoing paragraphs, as
though fully set forth herein.
79. Defendants’ conduct as alleged above was extreme, outrageous,
and intolerable in a civilized society.
80. Defendants’ actions were intention and made with reckless
indifference to Plaintiff’s rights and sensibilities.
81. Plaintiff’s right to the free exercise of her religion was infringed
upon and substantially burdened by Defendants’ actions.
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82. Defendants’ policy, practice, and customs of forcing Muslim
woman to remove their hijabs while being processed into police custody is
unlawful and infringes upon the right of Plaintiff and other Muslim women,
to freely exercise their religion without it being substantially burdened by
the government.
83. Defendants’ policy, practice, and customs caused and continue
to cause Plaintiff and other Muslim women harm.
84. Pursuant to Federal Rule of Civil Procedure 57 and 28 U.S.C.
§§ 2201-2202, as well as the other legal and equitable powers of this
Honorable Court, Plaintiff is entitled to declaratory relief that Defendants
infringed upon and substantially burdened Plaintiff’s right to freely exercise
her religion—and continue to do so against other similarly-situated Muslim
women—in violation of federal law and the United States Constitution.
85. Plaintiff has a strong likelihood of succeeding on the merits of
her claims.
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WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a judgment in favor of Plaintiff, and against Defendants, for damages
in whatever amount Plaintiff is found to be entitled; preliminary injunctive
relief followed by a permanent injunction; declaratory judgment; costs and
attorneys’ fees wrongfully incurred to bring this action; and any other
damages, including punitive damages as provided by applicable law.
Respectfully submitted,
AKEEL & VALENTINE, PLC
s/ Shereef H. Akeel
By: Shereef H. Akeel P54345
William R. Thomas P77760
Co-Counsel for Plaintiff
888 West Big Beaver Road
Suite 910
Troy, MI 48084
Telephone: (248) 269-9595
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AMERICAN ARAB
ANTI-DISCRIMINATION
COMMITTEE
s/ Fatina Abdrabboh
By: Fatina Abdrabboh P76026
Reem Subei P92650
Co-Counsel for Plaintiff
930 Mason St.
Dearborn, MI 48124
Telephone: (313) 581-1201
Date: June 30, 2015 [email protected]
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MAHA ALDHALIMI,
an individual
Plaintiff,
Case No.
v Judge:
Magistrate:
CITY OF DEARBORN;
CITY OF DEARBORN POLICE DEMAND FOR
DEPARTMENT; JURY TRIAL
POLICE CHIEF RONALD
HADDAD, in his official capacity
as City of Dearborn Chief of Police;
JOHN DOE police officers, in their
official capacities;
Defendants.
_____________________________________________________________
SHEREEF H. AKEEL (P54345)
WILLIAM R. THOMAS (P77760)
Akeel & Valentine, PLC
Co-Counsel for Plaintiff
888 West Big Beaver Road, Suite 910
Troy, MI 48084-4736
(248) 269-9595
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FATINA ABDRABBOH (P76026)
REEM SUBEI (P92650)
American Arab Anti-Discrimination
Committee
Co-Counsel for Plaintiff
930 Mason St.
Dearborn, MI 48124
(313) 581-1201
JURY DEMAND
NOW COMES Plaintiff, Maha Aldhalimi, by and through
undersigned counsel, hereby demands a Trial by Jury of the above-
referenced causes of action.
Respectfully submitted,
AKEEL & VALENTINE, PLC
s/ Shereef H. Akeel
By: Shereef H. Akeel P54345
William R. Thomas P77760
Co-Counsel for Plaintiff
888 West Big Beaver Road
Suite 910
Troy, MI 48084
Telephone: (248) 269-9595
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AMERICAN ARAB
ANTI-DISCRIMINATION
COMMITTEE
s/ Fatina Abdrabboh
By: Fatina Abdrabboh P76026
Reem Subei P92650
Co-Counsel for Plaintiff
930 Mason St.
Dearborn, MI 48124
Telephone: (313) 581-1201
Date: June 30, 2015 [email protected]
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