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Appeals Court: Asking Muslim Inmate to Remove Scarf Was Legal

posted by mconsoli | 4:44pm Wednesday May 5, 2010

SAN FRANCISCO – A federal appeals court says Orange County officials acted legally when they ordered a Muslim inmate in a courthouse holding cell to remove her headscarf.
The U.S. Court of Appeals said Monday that since Souhair Khatib was detained for only eight hours, the holding cell didn’t qualify as a penal institution covered by federal law that protects inmates’ religious practices.
The 2-1 decision upholds a lower court ruling. Orange County officials said they ordered the headscarf removed due to a fear that it could be used as a weapon.
Khatib was briefly detained while awaiting a probation violation hearing related to a welfare fraud conviction. Chief Justice Alex Kozinski dissented.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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Comments read comments(4)
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klm

posted May 5, 2010 at 6:52 pm


Amazing! In jail for welfare fraud and she’s worrying about a religious head scarf. What a hippocrate



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Henrietta22

posted May 5, 2010 at 7:06 pm


If they had allowed her to wear the headscarf, and she hung herself with it they would have been responsible.



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pagansister

posted May 5, 2010 at 9:25 pm


kim, what H22 said is very accurate, and there was, as mentioned in the article, the chance she could use it as a weapon. Valid decision on the part of the Orange County officials, as upheld by the appeals court. She was only detained for 8 hours.



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Bill

posted May 7, 2010 at 10:46 am


I was under the understanding that people that emmigrate here legally from other countries are not allowed to collect welfare for a minimum of 5 years and that they have a sponsor and can prove they have a job and are self sufficient. It seems like all of these people can’t wait to get welfare, I will bet 10 to 1 that the fraud came because either her or her husband had an income or both while they were stealing from the taxpayers



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