In Council on American-Islamic Relations v. Callahan, (ED MI, April 29, 2010), a Michigan federal district court dismissed a case in which a Muslim woman, Raneen Albaghdady, sued a state court judge who requested that she remove her hijab in his court room. The federal lawsuit sought an order declaring the practice an unconstitutional infringement of plaintiff's free exercise of religion and of her right of access to the courts. It also sought an injunction barring the judge from taking similar action in the future.
The court dismissed the claim for an injunction on the ground that judges have absolute immunity when acting in their judicial capacity. Here defendant was controlling the demeanor and dress of parties who were participating in matters before the court. It also dismissed the request for a declaratory judgment, finding plaintiff lacked standing. She failed to show an injury in fact. According to the court: "Albaghdady never protested removal of her head piece, she never informed Defendant that her 'hat' was a hijab, and most critically, when asked to remove it, said, 'Okay. It doesn't matter.' ... She removed her hijab without hesitation." The Detroit Free Press yesterday reported on the decision.
