The Suffolk County Police Department (SCPD) in New York is facing a lawsuit for allegedly removing a Muslim woman’s headscarf and withholding it until her release.
The lawsuit was filed on Wednesday, January 17, by Council on American-Islamic Relations (Cair-New York) and Emery Celli Brinckerhoff Abady Ward & Maazel LLP on behalf of Marowa Fahmy from East Setauket.
The lawsuit alleges that Fahmy was wrongfully arrested in 2022 for a false tip.
It further states that, the SCPD conducted an invasive body search on her while she was in custody, inappropriately touched her while male officers watched, and removed her headscarf.
Despite her repeated pleas, the SCPD refused to return her headscarf, leaving her uncovered for several hours until her release, Cair said.
The lawsuit alleges that the police department’s actions violated both New York State and federal laws.
Fahmy is seeking compensation for a rights violation and the emotional distress she experienced.
In a statement, CAIR-NY legal fellow Burhan Carroll criticized SCPD’s headscarf-removal policy as inhumane, regressive, and unlawful, arguing that Muslim Americans’ rights extend beyond local police precincts.
Caroll pledges to continue fighting for community members wronged by law enforcement, hoping this filing will result in justice for Fahmy and protect others from future harm.
Andrew Wilson, ECBAWMM partner, emphasized that religious and police practice are not incompatible, stating that the incident was incorrect.
“We are hopeful that this case can set a standard that requires Suffolk County to protect the religious freedom of New Yorkers who, like Ms Fahmy, choose to wear religious head coverings.”
