in Newswire Published on March 16, 2018

New York City Named in Civil Rights Class Action Lawsuit Over NYPD’s Policy for Arrestees to Remove Religious Headwear [UPDATE]

Last Updated on June 25, 2024

Clark et al. v. City of New York

Filed: March 16, 2018 ◆§ 1:18cv2334

With two individual plaintiffs, Turning Point for Women and Families has sued the city over the NYPD's ban on religious headgear when taking booking photos.

Defendant(s)

City of New York

Law(s)

State(s)

New York

June 25, 2024 – $17.5M NYPD Religious Headwear Removal Policy Settlement Website Is Live

The official website for the $17.5 million NYPD religious headwear removal policy settlement is live and can be found at HeadCoveringCase.com.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

Class members seeking a payment of at least $7,824 per instance of forced head covering removal must submit a valid claim form online or by mail by September 26, 2024.

Head to this page to file a claim form online. You may also contact the settlement administrator to request a paper copy to return by mail.

To submit a claim, you will need the unique Claimant ID Number and Web Access Code found on the personalized notice and claim form you may have received in the mail. If you believe you are a class member and did not get a notice, you may reach out to the settlement administrator at 1-833-637-4794.

The website notes that any outstanding liens for New York child support obligations or certain parking judgments owed to the New York City Department of Finance may be deducted from a class member’s settlement payment.

A hearing is set for October 29, 2024, at which point the court will decide whether to grant final approval to the settlement terms. Payments to eligible class members will be issued if the judge approves the deal and after any appeals are resolved.

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April 16, 2024 – Lawsuit Over NYPD’s Religious Headwear Removal Policy Settled for $17.5 Million

New York City has agreed to settle the lawsuit detailed on this page for $17.5 million.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.

The proposed deal, submitted to the court for preliminary approval on April 5, 2024, would cover anyone who was required to remove their religious head covering for a post-arrest photograph while in NYPD custody between March 16, 2014 and August 23, 2021.

If approved, the settlement would provide a minimum of $7,824 to each class member who files a timely, valid claim, court documents reveal.

ClassAction.org will update this page if and when more settlement details are available, so be sure to check back often.

Back in 2020, the court greenlit an initial settlement whereby the NYPD agreed to implement certain policy changes regarding its treatment of arrestees who wear religious head coverings. As part of these patrol guide revisions, individuals can keep their religious headwear on for mug shots, with limited exceptions.

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Non-profit advocacy group Turning Point for Women and Families has filed a proposed civil rights class action lawsuit against the City of New York over its police department’s policy of forcing arrestees to remove religious headwear for official booking photos. The two individual plaintiffs who filed the 27-page complaint along with Turning Point for Women allege they were subject to the NYPD’s allegedly unconstitutional policy—March 2015’s Interim Order 29—claiming they were forced to remove their hijabs and expose their hair while being threatened with prosecution should they not comply.

The first named plaintiff was arrested “for violating a bogus protective order filed by her abusive ex-husband,” the lawsuit says. The complaint claims that after being forced to remove her hijab, the plaintiff “felt exposed and violated … as if she were naked in a public space.” Further, the case says an NYPD officer ignored the plaintiff as she begged to put her hijab back on.

“Another officer openly mocked the Muslim faith,” the lawsuit then states. “[The plaintiff]—humiliated, distraught, and panicked from this coerced violation of her religious practice—still worries that her photograph is regularly seen by NYPD officers or members of the public.”

The second named plaintiff experienced a similar episode eight months later, the lawsuit continues. The woman was arrested “for violating a bogus protective order filed by her vindictive sister-in-law,” the suit claims, and was photographed by the NYPD without her hijab “for nearly five minutes,” allegedly “in full view of approximately one dozen male NYPD officers and more than thirty male inmates.” According to the complaint, the officers refused the woman’s requests to keep her hijab on during booking, exposing her hairline and ears while stating that “it’s the law.”

“Frantic, weeping, and bareheaded in a hallway full of men who do not belong to her immediate family, [the plaintiff] felt broken,” the lawsuit reads.

In addition to monetary compensation for members of the proposed class, the lawsuit seeks an injunction to prevent the NYPD from any further enforcement of its policy requiring the removal of religious headwear for booking photos.

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