They Desecrated His Quran, He Sued and Won

Civil Rights
Typography

Muslim Women Lawyers for Human Rights announced a unanimous win in the Qur’an desecration case, Harris v. Escamilla, the U.S. Court of Appeals for the Ninth Circuit, in favor of plaintiff Darrell Harris, a California state prisoner and leader of Muslim prisoners.

KARAMAH joined other Muslim organizations in an amicus brief in support of Mr. Harris. The case was fought by St Thomas Law School third year students.

Harris alleged that a state prison guard violated his free exercise and equal protection rights by intentionally damaging and desecrating his copy of the Quran and depriving him of access to it for daily reading. 

Four prisoner eyewitnesses report they saw the officer search Harris’s cell, seize his Quran, angrily throw it to the floor, stomp on it for the prisoners to see and kick it under the bed. Finding his most sacred possession on the floor when he returned, Harris was heartbroken and unable to continue his daily duty to read from the Quran because it had been desecrated. The prison rejected Harris’s internal administrative complaints.

In the October 2017 amicus brief, the Religious Liberty Appellate Clinic at the University of St. Thomas School of Law, who are the counsel of record, quoted the magistrate judge in the case and stated, “[T]his case presents allegations of ‘disrespectful and even repugnant’ conduct by a prison officer; it raises ‘questions regarding the respect due another’s spiritual beliefs and the treatment to be afforded inmates who practice Islam, a minority religion.’” The brief was filed on behalf of the Muslim Public Affairs Council, the Islamic Society of North America, the Center for Islam and Religious Freedom, and KARAMAH.

The Ninth’s Circuit’s opinion will send the case back to trial, reversing the earlier dismissal of Mr. Harris' case by the U.S. District Court for the Eastern District of California. For details see Harris vs. Escamilla

"The victory in this religious liberty case is an example of KARAMAH’s long standing commitment to advocating for the rights of Muslims,” reads a statement by the organization. 

KARAMAH’s position is that intentional official attacks on the Quran (or other holy books), if proven, must be treated as serious burdens on a person's religious freedom and equality. 

Comments powered by CComment