Al-Kadi v. Ramsey Cnty.

AIDA SHYEF AL-KADI, Plaintiff, v. RAMSEY COUNTY; RAMSEY COUNTY SHERIFF'S OFFICE; andOFFICER JESSICA WALKER, OFFICER RITA BASKFIELD, SERGEANT LUGENE WERNER,OFFICER ALLISON SCHABER, and OFFICER DAN FRERICHS,in their official and individual capacities, Defendants.

Civil No. 16-2642 (JRT/TNL)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

June 12, 2019

MEMORANDUM OPINION AND ORDER

Caitlinrose H. Fisher and Virginia R. McCalmont, GREENE ESPEL PLLP, 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402, for plaintiff.

Robert B. Roche and Kimberly R. Parker, RAMSEY COUNTY ATTORNEY'S OFFICE, 121 Seventh Place East, Suite 4500, St. Paul, MN 55101, for defendant.

Plaintiff Aida Shyef Al-Kadi ("Al-Kadi") brings this action against Ramsey County, the Ramsey County Sheriff's Office ("RCSO"), and numerous officers and a sergeant in their official and individual capacities (collectively "Defendants"). Al-Kadi alleges that she suffered religious discrimination by Defendants' during a brief detention at the Ramsey County Adult Detention Center ("ADC") in August 2013. She brings claims under the First and Fourteenth Amendments to the U.S. Constitution, the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), Article I of the Minnesota Constitution, and the Minnesota Human Rights Act ("MHRA"). She claims that Defendants substantially burdened and interfered with her right to freely exercise her sincerely held religious beliefs by failing to accommodate her religious dress and subjected her to harsher treatment than other detainees based on her religion.

The Court has before it Defendants' Motion for Summary Judgment, which the Court will grant in part and deny in part. No genuine dispute of material fact remains as to Al-Kadi's RLUIPA claim based on wearing a bedsheet, her Free Exercise claim, her Equal Protection Claim against the county defendants, and her claim for injunctive relief to the extent that it reaches any conduct beyond the booking photo. As such, the Court will grant Defendants' Motion on those issues. Because genuine disputes of material fact remain as to the remainder of Al-Kadi's RLUIPA Claim, her Equal Protection Claim against the individual defendants, her state law claims, and damages, the Court will deny Defendants' Motion on those issues.

The Court also has before it Al-Kadi's Motion to Exclude the Expert Testimony of Odeh Muhawesh. Because all of Muhawesh's opinions are inadmissible or, alternatively, should be excluded under Federal Rule of Evidence 403, the Court will grant the motion.

BACKGROUND

I. FACTUAL BACKGROUND

A. Al-Kadi's Religious Beliefs

Al-Kadi is and has always been a practicing Muslim. (Aff. of Caitlinrose Fisher ("Fisher Aff.") ¶ 3, Ex. 1 ("Al-Kadi Dep.") at 15, Nov. 21, 2018, Docket No. 84.) She has even made the pilgrimage to Mecca. (Id. at 21-22.) As part of her religious beliefs, Al-Kadi practices hijab, which she describes as "coverage" or "wearing clothes that are modest." (Id. at 16-17.) As part of the practice of hijab, Al-Kadi wears a hijab, which is a head scarf that covers her hair, neck, and shoulders. (Id. at 18-19.) According to Al-Kadi, a hijab need not be made of a particular fabric or pattern. (Id. at 20-21.) However, other limitations apply. (Id. at 19.) For example, a hijab cannot be see-through or a rug from the ground. (Id. at 19-21.) As part of the practice of hijab, Al-Kadi also wears an abaya, which is a loose-fitting garment worn to avoid showing the body's figure. (Id. at 17, 21.) Al-Kadi's faith requires her to wear a hijab and abaya in the presence of non-related males, when she goes out in public, and during prayer. (Id. at 21-22.) Medical reasons and emergencies (e.g., running out of a burning house) are the only exceptions of which Al-Kadi is aware. (Id. at 22-23.)

B. Al-Kadi's Detention at the ADC

On August 12, 2013, Al-Kadi self-reported to Hennepin County for outstanding warrants related to traffic violations. (See id. at 36-37; Fisher Aff. ¶ 3, Ex. 2 at 254, Nov. 21, 2018, Docket No. 84.) She was transferred to the ADC because she also had anoutstanding warrant in Ramsey County for driving after revocation. (See Fisher Aff. ¶ 3, Exs. 3-4 at 256-59.) The ADC is run by the RCSO. (Fisher Aff. ¶ 3, Ex. 5 ("1^st Schaber Dep.") at 262, Nov. 21, 2018, Docket No. 84.)

1. Sally Port

Al-Kadi was brought to the ADC by two "transport deputies," one male and one female. (See Aff. of Robert Roche ("Roche Aff.") ¶ 4, Ex. C ("Baskfield Dep.") at 27, May 31, 2018, Docket No. 68.) Transport deputies are responsible for transporting detainees between facilities. (Id.)¹ Al-Kadi arrived at the ADC with three other female detainees. (Roche Aff. ¶ 2, Ex. A ("Video") - Open Booking SP at 00:34,² May 31, 2018, Docket No. 69.) She was first brought into the sally port of the ADC, where protocol requires staff to thoroughly pat-down all incoming detainees for safety reasons. (See id.; Roche Aff. ¶ 3, Ex. B ("Werner Dep.") at 7-8.)

Upon Al-Kadi's arrival in the sally port, Officer Rita Baskfield told her to remove her hijab and abaya. (Al-Kadi Dep. at 34, 102.) Al-Kadi told her she did not want to remove her hijab in front of males because she is Muslim. (Baskfield Dep. at 30.)

The patdown requires detainees to remove headwear and outer layers. (Werner Dep. at 8-9.) If a detainee is being "confrontational," or resisting orders during the intake process, ADC staff separate the "confrontational" detainee from the others and move himor her to a smaller holding cell to conduct the patdown. (Id. at 9-10.) Defendants contend that Al-Kadi was being "noncompliant" because she refused to face the wall in the sally port in order to be searched. (Defs.' Mem. Supp. at 2-3, Oct. 30, 2018, Docket No. 67.)

In her deposition, Al-Kadi acknowledges that, in the video, there is a moment when she is the only detainee not facing the wall. (Al-Kadi Dep. at 101.) However, she also states that Baskfield told her to turn around. (Id. at 114.) The video, which does not have sound, shows that Al-Kadi faced the wall at first, along with the other detainees. (Video - Open Booking SP at 1:15.) Baskfield put a hand on Al-Kadi's shoulder, and Al-Kadi turned around. (Id. at 1:25.) Al-Kadi and Baskfield spoke for about 20 seconds, and Al-Kadi repeatedly touched her hijab and shook her head. (Id. at 1:45-2:05.) Al-Kadi then briefly turned back to face the wall, Baskfield touched her arm or abaya, and Al-Kadi turned toward her again. (Id. at 1:45-1:48.) Al-Kadi and Baskfield appeared to disagree about something, and Baskfield grabbed Al-Kadi's arm and forcibly removed her from the sally port. (Id. at 1:50-1:58).

While Baskfield forced Al-Kadi out of the sally port, Officer Dan Frerichs took Al-Kadi's other arm and appeared to speak to her. (Video - Open Booking Desk 1 at 1:58.) Baskfield then escorted Al-Kadi to a wall in the open booking area and held her against the wall. (Id. at 2:11.) Al-Kadi testified that, while she was being "pulled or yanked down the hall," a male officer—presumably Frerichs—told her that if she did not do what she was told, they would "take [her] down to a cell somewhere in the bottom of the hidden - the black cell, somewhere down there." (Al-Kadi Dep. at 211-12.)

2. Patdown in the Holding Cell

Baskfield and Frerichs then escorted Al-Kadi to a holding cell. (See Video - Open Booking Desk 1 at 2:30.) According to Baskfield, they took Al-Kadi to the holding cell because she refused to follow directions and take off her hijab. (Baskfield Dep. at 28.) Baskfield said that Al-Kadi was not put in the holding room as punishment, but rather to calm down and "[f]or the safety of the other people out in the booking area." (Id. at 29.)

In the holding cell, after more than a minute of back-and-forth with the officers, Al-Kadi removed her hijab. (Video - Open Booking HR 5 at 1:00-1:30.) Throughout all of this, Frerichs stood inside the holding cell with Baskfield, facing Al-Kadi. (See id.) Frerichs observed Al-Kadi for approximately 34 seconds with her hijab off. (See id.; Al-Kadi Dep. at 126.) Before Al-Kadi fully removed her abaya, Frerichs moved into the doorway of the cell, where he could not see Al-Kadi. (Video - Open Booking HR 5 at 2:04.) Al-Kadi removed her abaya, and Baskfield searched her. (Id. at 2:36.) After the patdown, Baskfield returned Al-Kadi's abaya and hijab to her. (Id. at 4:00.)

To Baskfield's recollection, she was the only female officer on the first floor when Al-Kadi arrived, although there were five or six officers in the booking unit. (Baskfield Dep at 30.) Defendants claim that the other female ADC officers that interacted with Al-Kadi did not come on duty until later that afternoon. (Defs.' Mem. Supp. at 3.)

Defendants contend that Frerichs had to remain in the holding cell with Baskfield and Al-Kadi while Al-Kadi removed her hijab and abaya because, for safety reasons, two officers must always be in a holding room with a detainee. (Baskfield Dep. at 31.) Baskfield noted that the safety risk was greater because Al-Kadi outweighed her by morethan 70 pounds. (Id.) Nevertheless, Baskfield testified that she asked Frerichs to step out of the room before Al-Kadi removed her abaya because Al-Kadi "was being compliant at that time." (Id. at 32.) But Frerichs remained in the doorway so that the door would not shut and lock Baskfield in. (Id. at 33.)

Al-Kadi claims that Frerichs's viewing of her without her hijab violated her religious beliefs and deeply humiliated her. Al-Kadi maintains that she was respectful and never aggressive towards the officers during any of this time. (Al-Kadi Dep. at 80, 108-111, 115.)

After her initial patdown, Al-Kadi spent more than two hours alone in the holding cell. (Id. at 145.) While there, she wore her hijab and abaya. (Id. at 142, 146.) She also prayed and performed a religious ablution. (Id. at 142-44.)

3. Intake and Booking

Al-Kadi left the holding cell briefly for an intake interview with Frerichs, and she was allowed to wear...