X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Does the United States Constitution permit the New York City Police Department (the “NYPD”) to require an observant Muslim woman to remove her hijab when sitting for an arrest photo? The Court holds that it does not. In this action, two Muslim women and a not-for-profit organization challenge the NYPD’s former policy of requiring arrested individuals to remove religious head coverings (the “Policy”).1 Compl., ECF No. 1. Although Plaintiffs initially sought injunctive and declaratory relief, these claims have been settled. ECF No. 153. Plaintiffs’ claims for monetaiy damages remain extant. On September 30, 2020, the Court issued an order dismissing Plaintiffs’ demand for punitive damages and Arwa Aziz’s state law claims. ECF No. 144. The Court also denied the balance of the City’s motion, and now sets forth its reasoning in this Opinion and Order. Id. Plaintiffs, Jamilla Clark, Arwa Aziz, and Turning Point for Women and Families (“Turning Point”), bring this action against Defendant, the City of New York (the “City”), alleging claims under 42 U.S.C. §1983 and New York law arising from the NYPD policy requiring all arrested individuals to have their photographs taken without a head covering. See Compl. Specifically, Plaintiffs allege violations of their rights under (1) the Religious Land Use and Institutionalized Persons Act (the “RLUIPA”), 42 U.S.C. §2000cc et seq.; (2) the Free Exercise Clause of the First Amendment to the U.S. Constitution, U.S. Const. amend. I; and (3) the Free Exercise Clause of the New York State Constitution, N.Y. Const. art. 1, §3. Compl.

81-102. The City moves to dismiss the complaint for lack of standing and failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 20. For the reasons stated below, the City’s motion is GRANTED in part and DENIED in part. BACKGROUND The following facts are taken from the complaint, which the Court accepts as true for purposes of this motion. See Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir. 2012); J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107, 110 (2d Cir. 2004). Pursuant to the Policy, arrestees were required to remove their religious head coverings for an official photograph (the “Booking Photograph”). Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. NET LEASE Fall 2021

October 28, 2021
Los Angeles, CA

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Register

China Law & Practice Awards 2021

November 04, 2021
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Register

ThinkAdvisor LUMINARIES Awards 2021

November 09, 2021
New York, NY

These awards will shine a spotlight on how individuals and firms are changing the investment advisory industry.


Register

Mid-Senior Level Corporate Securities Associate

Multiple Locations, Pennsylvania, United States

Duane Morris LLP has an immediate opening for an outgoing mid-senior level securities associate to join its growing 190+ lawyer Corporate pr...


Apply Now ›

Trial Attorney

Roslyn, New York, United States

Benvenuto & Slattery, a Long Island medical malpractice defense firm seeks attorney with significant medical malpractice experience for ...


Apply Now ›

Plaintiffs Medical Malpractice Attorneys- New York

New York, New York, United States

WORK 100% REMOTEFULL OR PART TIMESolid experience in plaintiff's malpractice. Proficiency in litigating a casefrom complaint thru note of is...


Apply Now ›

SHAPIRO CROLAND

10/25/2021
NJLJ Web

Shapiro Croland Reiser Apfel Di Iorio, LLP Take Pleasure in Announcing that Megan Hodes & Elizabeth Rackley Desalvo have Joined the Firm as Associates


View Announcement ›

LEAHEY & JOHNSON PC

10/19/2021
NYLJ Web

Leahey & Johnson gives birthday tribute to Late founder, mentor and model Peter James Johnson


View Announcement ›

BLUME FORTE FRIED ZERRES & MOLINARI

10/18/2021
NJLJ Web

Blume Forte Fried Zerres & Molinari is pleased to welcome Richard T. Madurski to the firm as an associate


View Announcement ›