Khatib v. County of Orange, 639 F.3d 898

Khatib, a practicing Muslim, wears a hijab in public consistent with her religious beliefs.
She was taken into custody at the Santa Ana Courthouse holding facility after probation was revoked.
At booking, a male officer forced her to remove her headscarf, exposing her to male scrutiny.
She spent most of the day in a holding cell, distressed and humiliated, while headscarf removal occurred in view of male staff and inmates.
Khatib sued the County of Orange and courthouse officers, alleging violations of RLUIPA; the district court dismissed on the ground that the facility was not an “institution” under RLUIPA.
The Ninth Circuit held the Santa Ana Courthouse holding facility is an “institution” under RLUIPA and reversed the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Santa Ana holding facility is an “institution” under RLUIPA	Khatib relies on CRIPA’s broad definition extending to pretrial detention facilities.	County contends the facility lacks characteristics of a traditional long-term institution.	Yes; facility qualifies as an institution.
Whether facility is a “pretrial detention facility” or a “jail” under RLUIPA	Facility fits the ordinary meaning of pretrial detention facility or jail.	County argues for a narrow interpretation to avoid coverage.	Facility falls within both terms and is covered.
Whether RLUIPA applies to short-term courthouse holding facilities	Coverage should extend regardless of duration.	Not necessary to consider duration for coverage; focus is on institution status.	Covered as an institution; duration not dispositive.
Whether district court erred by focusing on accommodation rather than coverage	Proper inquiry is whether the facility is within RLUIPA’s coverages.	Accommodation feasibility can be considered later in analysis.	District court erred by conflating coverage with accommodation.

Cutter v. Wilkinson, 544 U.S. 709 (U.S. 2005) (RLUIPA purpose; broad protection for religious exercise in institutions)
CRIPA definitional reference, 42 U.S.C. § 1997 et seq. (—) (Defines institution as jail, prison, or pretrial detention facility; incorporated by RLUIPA)
Perrin v. United States, 444 U.S. 37 (U.S. 1979) (Defines ordinary, common meaning for undefined terms)
Duncan v. Walker, 533 U.S. 167 (U.S. 2001) (Plain meaning governs when statute is unambiguous)
Conn. Nat’l Bank v. Germain, 503 U.S. 249 (U.S. 1992) (Plain meaning and statutory interpretation principles)
Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (Pretrial detention concepts and temporary detention)