Horwitz Law, PLLC client Sophia Johnston—a devout Muslim woman who was illegally required to remove and be photographed without wearing her hijab after being arrested for a minor (since-dismissed) criminal charge in August 2023—has reached a settlement with Rutherford County, Tennessee. As part of her settlement agreement, Rutherford County has agreed:
- To pay Ms. Johnston $100,000.00;
- To update its booking and jail policies to accommodate religious attire; and
- To delete Ms. Johnston’s booking photos and all video footage in which she was depicted without wearing her hijab.
A copy of the parties’ settlement agreement is available here: https://horwitz.law/wp-content/uploads/Johnston.Fully_.Executed.Settlement.Agreement.pdf
Rutherford County’s new Religious Accommodations for Head Coverings During Booking Process policy—implemented January 24, 2024—is available here: https://horwitz.law/wp-content/uploads/425-Religious-Accommodations-for-Head-Coverings-During-Booking-Process-.pdf
Rutherford County’s updated Detention Protocol policy—updated January 24, 2024—is available here: https://horwitz.law/wp-content/uploads/9.1402-Admission-24JAN24.pdf. In addition to the broader new Religious Accommodations for Head Coverings During Booking Process policy mentioned above, Rutherford County’s Detention Protocol policy has been updated to include the following two specific provisions:
“Arrestees and citation recipients are not required to remove religious head coverings for booking photos as long as the view of the face and profile are not obstructed by religious attire.”
“As part of the booking process, persons wearing religious head coverings must remove the covering and allow the head to be searched. The search should be conducted outside the presence of members of the opposite sex. After the search, the head covering may be placed back on for the remainder of the booking process.”
Rutherford County’s declaration that it has destroyed Ms. Johnston’s booking photos can be found here: https://horwitz.law/wp-content/uploads/Declaration.Evans_.1.22.24.pdf
“This is a historic win for Ms. Johnston and her entire religious community,” said Daniel A. Horwitz, who represented Ms. Johnston along with Horwitz Law, PLLC attorneys Lindsay Smith and Melissa Dix. “Citizens have the right to practice their religion without unreasonable governmental interference, and we are proud to have vindicated Ms. Johnston’s rights and secured permanent policy changes that will prevent violations like this from recurring. Every government agency in Tennessee should take notice.”
Ms. Johnston’s lawsuit, which will now be dismissed as part of her settlement agreement, is available here: https://horwitz.law/wp-content/uploads/1–Complaint-1.pdf
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Daniel A. Horwitz is a First Amendment and civil rights lawyer who represents clients across Tennessee. If you are seeking First Amendment representation, you can purchase a consultation from Horwitz Law here.