DENTON COUNTY, Texas — A woman has filed a civil lawsuit against Denton County and three Denton County correctional officers after she was reportedly forced to remove her hijab after while booked into the county's jail.
The suit, filed by Tanya Victoria, argues that Denton County, through Denton County Sheriff Tracy Murphree and his office, has policies, practices and customs directly violating the First Amendment and other federal and state laws.
"Pursuant to said policies, practices, and customs, Denton County correctional officers forced Tanya Victoria to remove her religiously mandated hair covering prior to entering the Denton County Jail after arrest and withheld her hijab the entire time she was in custody, despite Ms. Victoria’s constant objection that the removal of her hijab directly violated her sincerely held religious beliefs and obligations as a Muslim woman," the suit reads.
This practice, the suit argues, alienates religious communities in Denton County and humiliates those booked into the county's jail, as well as substantially burdening the religious freedoms of individuals.
The suit describes Victoria as a devout Muslim woman who has been covering her hair with a hijab, which is a mandatory practice for the religion, for the past 10 years.
Victoria was arrested on March 1, 2024 at a Walmart for a class B misdemeanor, the suit states. After being taken to the jail, a female correctional officer reportedly ordered Victoria to remove here hijab and her shoes, which Victoria objected to due to her religion.
The officer reportedly told Victoria it didn't matter, the suit stated, due to the jail's policy for everyone to remove their headwear. Despite continued pleas against it, Victoria realized she had no other choice and began crying and hyperventilating.
Victoria then removed her hijab, which the suit states was done under duress and coercion, sobbing the entire time, the suit states. Officers reportedly further told her that this was a widely understood policy of DCSO and not an individual or rogue act.
"Ms. Victoria was forced to remain without her hijab the entire 12-15 hours of prearraignment detention, in full view of men that are unrelated to her, violating her sincerely held religious beliefs," the suit states.
The suit claims Victoria was also forcibly photographed without her hijab, which was also published by DCSO.
"To date, Ms. Victoria continues to feel traumatized, dehumanized, violated, and exposed, as well as psychologically distraught as a result of her forced hijab removal, photograph taken without her hijab, and publication of said photograph," the suit states. "She suffers changes in appetite, anxiety, paranoia, and trauma from the episode."
The suit argues Denton County should have known its policies and practices were not meeting constitutional obligations to protect and preserve Victoria's free expression of religion.
Denton County is also accused of violating the Religious Land Use and Institutionalized Persons Act, the Free Exercise Clause of the U.S. Constitution, Freedom of Worship under the Texas Constitution and the Texas Religious Freedom and Restoration Act.
Victoria's suit seeks to prevent Denton County from requiring the removal of any religious head or hair coverings while arrestees or detainees are in custody, as well as require nondiscriminatory policies and practices to be adopted and have all photographs of Victoria removed, deleted and permanently destroyed from all databases. She is also seeking compensatory relief and compensatory and punitive damages against Denton County.
WFAA reached out to the Denton County Sheriff's Office for comment but has not heard back as of 5 p.m. Tuesday.
