Tuesday, September 14, 2010

9th Circuit Grants En Banc Review In Court Holding Cell Headscarf Case [corrected]

CBS 5 reported yesterday that the 9th Circuit Court of Appeals has granted en banc review in Khatib v. County of Orange. In the case, the 9th Circuit 3-judge panel, by a 2-1 vote concluded that a court house holding cell is not covered by the Religious Land Use and Institutionalized Persons Act. It therefore upheld the dismissal of a RLUIPA lawsuit filed by a Muslim woman who, on two occasions in a single day when the court was dealing with her probation violation, was required to remove her hijab (headscarf) for security reasons.(See prior posting.) [Note- an earlier version of this posting referred to the wrong circuit.]