Case: Doe v. McFadden

3:24-00879 | U.S. District Court for the Western District of North Carolina

Filed Date: Sept. 27, 2024

Closed Date: May 30, 2025

Clearinghouse coding complete

Case Summary

An anonymous Muslim plaintiff, "Jane Doe," filed this complaint against the Sheriff of Mecklenburg County, in the U.S. District Court for the Western District of North Carolina. Represented by attorneys from the CAIR Legal Defense Fund, the plaintiff alleged violations of her right to free exercise of religion and due process, pursuant to 42 U.S.C. §1983 (Civil Action for Deprivation of Rights), and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. §§ 2000cc…

An anonymous Muslim plaintiff, "Jane Doe," filed this complaint against the Sheriff of Mecklenburg County, in the U.S. District Court for the Western District of North Carolina. Represented by attorneys from the CAIR Legal Defense Fund, the plaintiff alleged violations of her right to free exercise of religion and due process, pursuant to 42 U.S.C. §1983 (Civil Action for Deprivation of Rights), and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. §§ 2000cc et seq., which requires government officials to accommodate the sincerely held religious beliefs of people in jail and prison, absent a compelling governmental interest requiring non-accommodation.  

Following a protest at a city council meeting, the Mecklenburg Police Department issued a warrant for Doe's arrest. In response, she turned herself in at the Mecklenberg County Detention Center, operated by the Sheriff's Office. While in custody, officers forced her to take off her hijab in view of officers and other detainees. A female officer lifted up Doe's shirt and patted her down in front of passers by. Other officers then uploaded her photograph to a statewide database that is accessible to all law enforcement agencies in North Carolina as well as members of the public who search Doe’s name on the MCSO website or the internet. 

The hijab is a religious head covering worn by Muslim women. Women who wear the hijab commit to remain covered in mixed-gender spaces outside of immediate family. Doe alleged that forcing her to appear without her hijab and then posting her picture publicly violated her sincerely held religious beliefs. She further alleged that being seen without her religious garments is akin to being seen naked, meaning that the female officer effectively conducted an unreasonable public strip search of Doe. The plaintiff requested a declaration that the search was unconstitutional and an injunction ordering that all photos of Doe without her hijab be destroyed and that the Mecklenburg County Sheriff’s Office change its policy to prohibit requiring Muslim women to submit to photographs without their hijab. The case was assigned to Senior Judge Graham Mullen. 

That same day, on September 24, 2024, the plaintiff moved for a preliminary injunction ordering the Government to (1) take all possible steps to destroy Doe’s uncovered photographs from their database and, if necessary, replace it with a new photograph with her hijab, (2) take all reasonable steps to contact any other agency they have distributed the image to requesting its destruction from those databases or providing the replacement photo, and (3) take all possible steps to destroy any existing security footage in their database of Doe without her hijab while in the facility.

Settlement negotiations began on January 16, 2025. The next week, the plaintiff withdrew the motion for a preliminary injunction. The parties filed for dismissal with prejudice on May 30, 2025. CAIR announced the terms of the settlement in its newsletter. The settlement included an unspecified monetary payment, removal of the hijab-less photo from the North Carolina law enforcement database, and new policies. Those included: 

  • Individuals in custody at Mecklenburg County Detention Center will be informed of their right to request religious head covering accommodations upon intake, and allowed to wear coverings during their booking photos, and throughout the facility, unless a compelling reason requires temporary removal.
  •  When an individual in custody wearing a religious head covering is searched, the officer will make reasonable efforts to utilize techniques that minimize the need for removal of the covering. If a more extensive search is necessary and circumstances warrant the need to ensure a compelling safety interest, officers will offer the individual in custody the opportunity to be searched by a member of the same sex and out of view of any person of a differing sex.
  • If there is a compelling reason to photograph someone without their religious head covering, the photograph will be taken in private and by staff of the same sex as the individual–and will not broadly share the photograph. 

All parties bore their own attorneys' fees and other costs.

Summary Authors

Jinan Abufarha (1/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69203549/parties/doe-v-mcfadden/


Judge(s)

Bell, Kenneth Davis (North Carolina)

Attorney for Plaintiff

Abbas, Gadeir Ibrahim (North Carolina)

Bayado, Nadia Islam (North Carolina)

Qaiyim, Ismaail (North Carolina)

Attorney for Defendant

Perrin, Sean F. (North Carolina)

show all people

Documents in the Clearinghouse

Document
1

3:24-00879

Verified Complaint for Declaratory and Injunctive Relief, and for Damages

Doe v. McFadden et al.

Sept. 27, 2024

Sept. 27, 2024

Complaint
11

3:24-00879

Order

Doe v. McFadden et al.

Dec. 4, 2024

Dec. 4, 2024

Order/Opinion

2024 WL 4982897

14

3:24-00879

Order

Doe v. McFadden et al.

Dec. 13, 2024

Dec. 13, 2024

Order/Opinion

2024 WL 5112232

33

3:24-00879

Stipulation of Dismissal

Doe v. McFadden et al.

May 30, 2025

May 30, 2025

Settlement Agreement

Policy on Religious Head Coverings at Detention Center-Central

No Court

None

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69203549/doe-v-mcfadden/

Last updated April 12, 2026, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ANCWDC-6682014), filed by Jane Doe.(Qaiyim, Ismaail) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

Clearinghouse
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ANCWDC-6682014), filed by Jane Doe.(Qaiyim, Ismaail) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

Clearinghouse
2

MOTION for Protective Order by Jane Doe. Responses due by 10/11/2024 (Attachments: # 1 Brief in Support of Motion) (Qaiyim, Ismaail) (Entered: 09/27/2024)

1 Brief in Support of Motion

View on RECAP

Sept. 27, 2024

Sept. 27, 2024

RECAP
3

MOTION for Preliminary Injunction by Jane Doe. Responses due by 10/11/2024 (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction) (Qaiyim, Ismaail) (Entered: 09/27/2024)

1 Brief in Support of Motion for Preliminary Injunction

View on RECAP

Sept. 27, 2024

Sept. 27, 2024

Standing Order Regarding Use of Artificial Intelligence

Sept. 27, 2024

Sept. 27, 2024

Case Assigned/Reassigned

Sept. 27, 2024

Sept. 27, 2024

Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)

Sept. 27, 2024

Sept. 27, 2024

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (tlj)

Sept. 27, 2024

Sept. 27, 2024

Case Assigned/Reassigned

Oct. 8, 2024

Oct. 8, 2024

Case reassigned to District Judge Kenneth D. Bell. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh)

Oct. 8, 2024

Oct. 8, 2024

4

MOTION for Leave to Appear Pro Hac Vice as to Gadeir Abbas Filing fee $ 300, receipt number ANCWDC-6703359. by Jane Doe. (Qaiyim, Ismaail) Modified on 10/21/2024 to add referral to US Magistrate Judge David Keesler (mek). (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

5

MOTION for Leave to Appear Pro Hac Vice as to Nadia Bayado Filing fee $ 300, receipt number ANCWDC-6703381. by Jane Doe. (Qaiyim, Ismaail) Modified on 10/21/2024 to add referral to US Magistrate Judge David Keesler (mek). (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

6

Summons Issued Electronically as to Garry McFadden. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (mek) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

7

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice added Gadeir Abbas for Jane Doe (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/21/2024. (brl) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

RECAP
8

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice added Nadia Bayado for Jane Doe (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/21/2024. (brl) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

RECAP

Case Referral to Magistrate Judge

Oct. 21, 2024

Oct. 21, 2024

Notice - Out of State Counsel

Oct. 21, 2024

Oct. 21, 2024

Case Referral to US Magistrate Judge David Keesler. Motions referred to David Keesler: 4 MOTION for Leave to Appear Pro Hac Vice as to Gadeir Abbas and 5 MOTION for Leave to Appear Pro Hac Vice as to Nadia Bayado. (mek)

Oct. 21, 2024

Oct. 21, 2024

Notice to Gadeir Abbas: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 10/28/2024. (brl)

Oct. 21, 2024

Oct. 21, 2024

Notice to Nadia Bayado: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 10/28/2024. (brl)

Oct. 21, 2024

Oct. 21, 2024

Oral or Text-Only Order

Oct. 25, 2024

Oct. 25, 2024

TEXT-ONLY ORDER: Plaintiff is directed to file a return of service / notice of completed service when the Complaint, summons and copies of pending motions have been served. So Ordered. Entered by District Judge Kenneth D. Bell on 10/25/2024. (mek)

Oct. 25, 2024

Oct. 25, 2024

9

CERTIFICATE OF SERVICE by Jane Doe (Abbas, Gadeir) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

10

AFFIDAVIT of Service filed by Jane Doe. Garry McFadden served on 11/8/2024, answer due 11/29/2024. (Abbas, Gadeir) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

11

**VACATED PER 14 ORDER** ORDER DISMISSING CASE: Plaintiff's Complaint is DISMISSED without prejudice for lack of proper service/ personal jurisdiction; and the Clerk is directed to close this matter in accordance with this Order. Signed by District Judge Kenneth D. Bell on 12/3/2024. (mek) Modified on 12/13/2024 (brl). (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

Clearinghouse
12

**VACATED PER 14 ORDER**CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/4/2024. Signed by Clerk, Katherine Hord Simon. (mek) Modified on 12/13/2024 (brl). (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

RECAP
13

MOTION to Vacate Dismissal and Reinstate Civil Case by Jane Doe. Responses due by 12/26/2024 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Abbas, Gadeir). Modified to remove referral on 12/11/2024 (mga). (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

14

ORDER granting 13 Motion to Vacate Dismissal and Reinstate Civil Case. The earlier dismissal of this action is vacated. Plaintiff shall have until January 4, 2025, to complete service of the Summons, Complaint and all pending motions in this action. Signed by District Judge Kenneth D. Bell on 12/13/2024. (brl) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

Clearinghouse

Case Reopened

Dec. 13, 2024

Dec. 13, 2024

Case Reopened pursuant to 14 Order entered on 12/13/2024 (brl)

Dec. 13, 2024

Dec. 13, 2024

15

ACCEPTANCE OF SERVICE by Garry McFadden. (Perrin, Sean) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

16

ORDER Setting Response Deadline. Defendant is directed to file his response to the 3 Motion for Preliminary Injunction no later than 1/21/2025, with Plaintiff's reply brief being due on 1/31/2025. Signed by District Judge Kenneth D. Bell on 12/23/2024. (brl) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

17

AFFIDAVIT of Service by Jane Doe (Attachments: # 1 Service)(Abbas, Gadeir) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

18

MOTION for Extension of Time to Answer re: 1 Complaint by Garry McFadden. (Perrin, Sean). Motions referred to David Keesler. (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

19

ORDER granting Defendant McFadden's 18 Motion for Extension of Time to Answer re 1 Complaint. Garry McFadden answer due 1/21/2025. Signed by US Magistrate Judge David Keesler on 1/7/25. (mga) (Entered: 01/08/2025)

Jan. 8, 2025

Jan. 8, 2025

20

STIPULATION/Notice of Withdrawal of re 3 MOTION for Preliminary Injunction by Garry McFadden (Perrin, Sean) Modified text on 1/23/2025 (mek). (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

21

MOTION for Extension of Time to Answer re: 1 Complaint by Garry McFadden. (Perrin, Sean). Motions referred to David Keesler. (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

22

ORDER granting Defendant McFadden's 21 Motion for Extension of Time to Answer re 1 Complaint. Garry McFadden answer due 2/4/2025. Signed by US Magistrate Judge David Keesler on 1/21/25. (mga) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

23

ANSWER to 1 Complaint with Jury Demand by Garry McFadden.(Perrin, Sean) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

24

NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: No settlement reached, the parties request a stay to conduct mediation. (Perrin, Sean) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

Order Staying Case AND ~Util - Set Deadlines

Feb. 6, 2025

Feb. 6, 2025

TEXT-ONLY ORDER: The request contained in the 24 Certificate of Settlement Conference to stay this matter for fourteen (14) days to conduct mediation is granted. The parties are directed to file a joint status report at the end of the stay period informing to court of any mediation progress. So Ordered. Entered by District Judge Kenneth D. Bell on 2/6/2025. (mek)

Feb. 6, 2025

Feb. 6, 2025

25

Joint STATUS REPORT/MOTION to Extend Stay by 14 Days to Continue Mediation by Garry McFadden (Perrin, Sean) Modified to correct event type and convert to motion on 2/18/2025 (mek). (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

Order on Motion for Extension of Time

Feb. 18, 2025

Feb. 18, 2025

TEXT-ONLY ORDER granting 25 Joint Motion to Extend Stay by 14 Days to Continue Mediation. The stay in this matter is extended to March 4, 2025. The parties are directed to file a joint status report at the end of the stay period informing the Court of any mediation progress. So Ordered. Entered by District Judge Kenneth D. Bell on 2/18/2025. (mek)

Feb. 18, 2025

Feb. 18, 2025

26

MOTION for Extension of Time of Stay by Garry McFadden. Responses due by 3/18/2025 (Perrin, Sean). Motions referred to David Keesler. (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

RECAP
27

ORDER granting 26 parties' Motion for Extension of Time for Stay. This matter is STAYED through March 18, 2025. IT IS FURTHER ORDERED the parties shall file a Joint Status Report or Notice of Settlement, on or before March 19, 2025. Signed by US Magistrate Judge David Keesler on 3/4/25. (mga) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

28

Parties Notice of Settlement. COURT NOTICE to the Parties: Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 4/18/2025. (Perrin, Sean) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

29

MOTION for Extension of Time of Case Settlement Deadline by Garry McFadden. Responses due by 5/2/2025 (Perrin, Sean). Motions referred to David Keesler. (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

30

ORDER granting parties' 29 Motion for Extension of Time to File Stipulation of Dismissal. The parties shall file a Stipulation of Dismissal on or before May 9, 2025. Signed by US Magistrate Judge David Keesler on 4/21/25. (mga) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

31

Consent MOTION for Extension of Time to file Stipulation of dismissal by Garry McFadden. Responses due by 5/23/2025 (Perrin, Sean). Motions referred to David Keesler. (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

32

ORDER granting parties' 31 Motion for Extension of Time to File Stipulation of Dismissal. The parties shall file a Stipulation of Dismissal on or before May 30, 2025. Signed by US Magistrate Judge David Keesler on 5/9/25. (mga) (Main Document 32 replaced on 5/9/2025) (mga). NEF regenerated on 5/9/2025 (mga). (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

33

STIPULATION of Dismissal by Garry McFadden (All Claims Dismissed. Case to be Closed). (Perrin, Sean) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

Clearinghouse

Case Details

State / Territory:

North Carolina

Case Type(s):

Speech and Religious Freedom

Jail Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Sept. 27, 2024

Closing Date: May 30, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Muslim woman whose photos, without her hijab, were uploaded to a statewide database of arrestees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Mecklenberg County Sheriff's Office

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Western District of North Carolina 3:24-00879

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Issues

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Islam

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Strip search policy (facilities)

Recommended Citation