Settlement agreement reached in 2017 hijab lawsuit in Ventura

UPDATE 10/2/2018 at 3:00 p.m.: The County of Ventura and the Ventura County Sheriff’s Office has reached a settlement with Jennifer Hyatt in her lawsuit regarding the removal of her hijab in 2017.

The County says the settlement was reached to save taxpayers the expense of further litigation, including exposure to attorneys’ fees.

The settlement includes a payment of $75,000 to Hyatt and her attorneys and the inclusion of a new policy for religious head coverings in the Sheriff’s Office written policy manual.

The new policy includes making paper hijabs available in the jail to improve existing policies and practices regarding religious accommodations.

The County and the Sheriff’s Office still disputes Hyatt’s characterization of her treatment in the Pre-Trail Detention Facility following her arrest on January 1, 2017, for a domestic dispute.

The County and the Sheriff’s Office says video and audio footage from the jail’s camera system shows that Hyatt’s hijab was not “violently yanked” from her head and she was not treated poorly or shamed by deputies because of her religious beliefs.

The Sheriff’s Office says detainees are not permitted to wear an item of clothing that can be used as a strangulation device. This includes belts, shoelaces, scarves, and other items.

The Sheriff’s Office does admit because her hijab is used for religious purposes, an alternative form of head covering should have been offered.

The Ventura County Sheriff has released a statement regarding the federal lawsuit from Jennifer Hyatt for religious discrimination.

According to the Sheriff, Hyatt was arrested on January 1, 2017, after a Los Angeles County Sheriff deputy saw her jump out of a car on Thousand Oaks Boulevard. A Ventura County deputy arrived on scene and conducted an investigation. Hyatt was arrested and taken to the Pre-Trail Detention Facility in Ventura and was booked.

The Sheriff says that when arrestees are booked into the jail, they are searched, and items in their possession that could be used to injure themselves or others are taken from them including shoelaces, belts, and scarfs.

The jail camera system in the booking room recorded a female deputy remove Hyatt’s hijab. According to the Sheriff, the audio and visual recordings contradict what Hyatt says in her lawsuit against the Sheriff’s Office. The statement says the manner in which the deputy removed the hijab was “deliberately respectful, patient, and gentle.” The statement goes on to say that a portion of the hijab was initially removed so a nurse could examine Hyatt for possible injuries she might have suffered when she jumped out of the car.

The Sheriff says Hyatt is never heard requesting to wear her hijab, however, the Sheriff accepts her assertion that the request was made and ultimately denied for security concerns.

“We believe the removal of her hijab was legal for the safety and security of the jail. However, under the Religious Land Use and Institutionalized Persons Act, arguably, we should have offered an accommodation and we did not. This practice has been rectified,” said the Sheriff in a statement.

Sheriff Geoff Dean says he called the Council of American-Islamic Relations prior to the media event in May and asked to speak with the executive director, who was out of town. CAIR’s media director called Sheriff Dean back and told him that the Sheriff’s Office should have provided accommodations for Hyatt. The Sheriff’s Office says they have corrected their practice.

According to the statement, the Sheriff’s legal counsel spoke to Hyatt’s legal counsel and offered to let them see the videos prior to the media event, but they did not accept.

The Sheriff’s Office says they respect the religious beliefs of all people in the community.

“The actions of our staff in all of the contacts we have had with Ms. Hyatt were in good faith and were in no way meant to demean her,” said the Sheriff. “Our goal has been, and continues to be, to provide a safe environment for those entrusted to our care. This includes Ms. Hyatt, who was only in our custody for a few hours.”

Here is the full statement:

On Monday, May 7, the Council on American-Islamic Relations (CAIR) announced Jennifer Hyatt was filing a lawsuit against the Ventura County Sheriff’s Office. The suit alleges Ms. Hyatt’s hijab was “violently yanked” from her head while she was being booked at the Ventura County Sheriff’s Pre-Trial Detention Facility, and that she was not allowed to wear the hijab for the duration of her brief stay at the jail. The suit further alleges Ms. Hyatt was treated poorly and intentionally shamed by deputies due to her religious beliefs.

On January 1, 2017, Ms. Hyatt was arrested after a Los Angeles County Sheriff’s deputy saw her jump out of a car on Thousand Oaks Boulevard. A Ventura County Sheriff’s deputy arrived on scene and conducted an investigation, which was recorded on his body-worn camera. The investigation resulted in Hyatt’s arrest, and she was taken to the Pre-Trial Detention Facility in Ventura and booked.

When arrestees are booked into the jail, they are searched, and items in their possession that could be used to injure themselves or others are taken from them. Items such as shoelaces, belts, and scarves are taken because they can be used as strangulation devices. Unfortunately, individuals booked into jail often experience varying emotional states, and suicidal and predatory ideation are very real considerations.

The contact between sheriff’s office personnel and Ms. Hyatt was recorded on the jail camera
system in the booking area. Female deputies did remove Ms. Hyatt’s hijab. However, the
circumstances under which it was done and the intentions of the deputies involved were quite
different than what is alleged in the suit. The sheriff’s office strongly objects to the manner in
which Ms. Hyatt’s suit has portrayed our deputies. The videos and audio available to us tell quite a different story. No deputy is ever heard making rude, demeaning, or inappropriate remarks, and the manner in which the hijab was removed from Ms. Hyatt was deliberately respectful, patient and gentle. In fact, a portion of the hijab is initially removed so a nurse could examine possible injuries Ms. Hyatt allegedly suffered in her vehicle. The observable body language and the audible conversation of all those involved at the jail, including Ms. Hyatt, is one of respect, and at no point was it indicative of hostility, malfeasance, or disdain.

Ms. Hyatt is never heard requesting to wear her hijab; however, we do accept her assertion that the request was made and ultimately denied due to security concerns.

We believe the removal of her hijab was legal for the safety and security of the jail. However, under the Religious Land Use and Institutionalized Persons Act, arguably, we should have offered an accommodation and we did not. This practice has been rectified.

I personally called CAIR the day prior to their media event and asked to speak to the executive director, who was out of town. Their media director called back and I told him that we should have provided an accommodation, and we have corrected that practice. I also told him that we had video that was contrary to Ms. Hyatt’s depiction of the story and other video from prior contacts with Ms. Hyatt that might be enlightening for them.

The sheriff’s office legal counsel spoke to Ms. Hyatt’s legal counsel and offered to let them see the videos prior to their media event, but they did not accept the offer.

Law enforcement agencies are often put in the difficult position of preserving the confidentiality of conversations and recordings when they involve both a suspect and/or victim, even when we know the truth of the matter is different than what is being publicly alleged. We must often “take it on the chin” until the facts can be heard and seen in a court, under the direction of a judge.

Unfortunately, in this case, the Ventura County Star chose to editorialize only one side of the story. The sheriff’s office respects the religious beliefs of all people in the community. The actions of our staff in all of the contacts we have had with Ms. Hyatt were in good faith and were in no way meant to demean her. Our goal has been, and continues to be, to provide a safe environment for those entrusted to our care. This includes Ms. Hyatt, who was only in our custody for a few hours.

A Muslim woman is filing a federal lawsuit against the Ventura County Sheriff’s Office for religious discrimination.

Jennifer Hyatt claims deputies forcibly removed her hijab after she was arrested in 2017, according to her attorney, Marwa Rifahie.

The 44-year-old Newbury Park resident was arrested on January 1, 2017, after being involved in a domestic dispute. Rifahie says after Hyatt was booked at the Ventura County jail, she asserted her right to wear a hijab.

“The basic response she got was, ‘You’re not Muslim in here so there is no reason for you to wear this,'” said Rifahie.

Rifahie says it was a female deputy that removed Hyatt’s hijab and that she was kept in a cell with men and woman for four hours without the religious covering.

“She asserted her right to wear it again and informed the officer that she is a practicing Muslim and that the officer physically yanked it off of her head and told her, ‘in here you’re not,'” said Rifahie.
Rifahie says Hyatt never refused to take the hijab off.

“She knows to comply with officer requests, she sees what can happen and knows what can happen when you refuse to comply,” said Rifahie. “So, it was more her informing them that I am wearing this for a religious reason and I want to continue to wear it”

Refahie also says Hyatt requested an alternative head covering and none was offered.

The lawsuit claims deputies violated Hyatt’s civil rights to wear garments that match her faith unless they pose a security risk.

The Ventura County Sheriff’s Office declined to comment.