A former prisoner in the Colorado State Department of Corrections reached a settlement in a federal civil rights lawsuit with the state, nearly 10 years after he was ordered to shave his beard at the Denver Reception & Diagnostic Center.
Tajuddin Ashaheed claimed the Department of Corrections violated his First Amendment right to religious freedom in 2016, as Ashaheed, a long-time practicing Muslim, kept a beard for religious practices. His attorney announced Wednesday that they settled for $245,000.
In July, a federal judge determined that whether the corrections officer violated Ashaheed’s constitutional rights would be decided by a jury. Ultimately, the parties decided to settle instead on an amount that includes court fees and the potential outcomes of a trial, said Ashaheed’s attorney David Lane.
“It's almost impossible to put a dollar value on a constitutional right,” Lane said.
The case has taken a decade, in part because the defendant was initially misidentified. Lane said he asked the attorney general’s office for pictures of everyone working at the facility, so Ashaheed could examine which officer it was. He first identified an employee who denied the claims.
Lane said he asked who it could have been then, and the defendant said it might have been Derrick Porcher, a Colorado Department of Corrections sergeant.
CPR reached out to the Attorney General’s office for comment, but lawyers with the Attorney General's Office, which represented the state and the defendant, are prohibited from commenting on agency matters.
CPR also contacted the Colorado Department of Corrections for comment, but did not receive a reply at time of publication.
Free exercise of religion
According to the complaint, when Ashaheed told Porcher that his religious affiliation had been documented previously, the officer said he must have a “full beard” to “qualify” for the religious exemption to beard shaving. The complaint also alleges Porcher told the inmate that if he did not shave it, he would be” thrown in the hole.”
Lane said that upon looking into Porcher, he found allegations from another inmate about religious discrimination.
A lawsuit filed in 2017 by a Jewish inmate claims that while at the Denver Reception & Diagnostic Center, Porcher did not allow him to fill out a preference sheet to receive a kosher meal. The inmate also claimed Porcher forced him to shave off his beard, and that a captain denied him kosher meals while in El Paso County Jail.
In an affidavit, Porcher denied doing so. In 2021, the plaintiff and the defendants settled.
“Not one penny is going to be taken from him, which is really unfortunate. He should suffer some consequences as a result of this,” Lane said. “The taxpayers of the state of Colorado are going to reach into their tax bank pockets and pay this,” Lane said.
He wants this settlement to send a message.
“This should be a message to Muslims all over this country, that when your government tries to violate your constitutional rights, you can fight back and you can win. And that should empower Muslims to stand up for their rights,” Lane said.
