Discrimination

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7^th Circuit Court of Appeals

Case Name: Mohamed Emad v. Dodge County

Case No.: 22-1876

Officials: Scudder, Kirsch, and Lee, Circuit Judges.

Focus: Discrimination

Emad, a longstanding member of Milwaukee’s Islamic community, follows the practice of Salah, praying five times a day in a state of physical purity. He also participates in the congregational prayer known as Jumu’ah, typically held on Fridays. However, from March 2018 to May 2019, Emad was an immigration detainee in a jail that had specific policies restricting personal worship and group activities for inmates. These policies prevented Emad from praying in a clean environment and participating in Jumu’ah, while Christian inmates were allowed to freely engage in prayer and group activities.

Emad filed a lawsuit under 42 U.S.C. 1983, alleging discrimination. The district court granted the defendants summary judgment, but the Seventh Circuit reversed the decision. The court recognized the unsettling nature of Emad’s claims and emphasized the need to establish the specific instances of discrimination and the involvement of each defendant in favoring Christian prayer over Muslim prayer. The case was remanded to further develop the factual record.

Reversed and Remanded.

Decided 06/26/23

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