By Nathan Clark
mlive.com
PITTSFIELD TWP., Mich. — A Muslim prisoner in Michigan’s only facility for women is contending Michigan Department of Corrections officers violated her religious freedom while she was incarcerated, calling her a “fake Muslim” and offering her a Bible.
Keshuna Abcumby, a prisoner at Women’s Huron Valley Correctional facility outside Ypsilanti, filed a lawsuit Sept. 28 in U.S. District Court Eastern District of Michigan against the Michigan Department of Corrections Director Heidi Washington, the prison’s warden and five correctional officers.
Abcumby, 46, alleges MDOC deliberately prevented her from observing the core obligations of her Muslim faith from Sept. 29, 2023, to Nov. 6, 2023, according to the lawsuit.
“They obstructed and deprived (Abcumby) of Ramadan fast by confiscating religious items making it impossible to properly and correctly observe Ramadan,” the lawsuit states.
It alleges officers took her Qur’an, religious literature, prayer rug and head covering – turban, without cause, and instituted “a sham grievance process that failed to examine the Plaintiff’s complaint but was a rubber stamp approving the illegal and unconstitutional conduct of the Defendants,” Abcumby’s attorney Lennox Emanuel wrote in the lawsuit.
Emanuel did not immediately respond to a request for comment.
A message left with the Michigan Department of Corrections seeking comment was not immediately returned.
The lawsuit contends the officers retaliated against her following an argument she had with a correctional officer.
Abcumby has been a practicing Muslim since 2018 and has been observing Ramadan accordingly, the lawsuit states.
On Sept. 29, 2023, she got into an argument with the correctional officer. Later that day the officer and other officers came to her cell and confiscated her items, the lawsuit states.
For 38 days, officers deprived Abcumby of her ability to properly practice her faith during the holiday as officers called her a “fake Muslim” and offered her a Bible instead of returning her things, the lawsuit states.
Abcumby was never charged with any violation of prison rules leading to the confiscations, all of which are approved by MDOC, the lawsuit states.
She pleaded with prison officials to bring back the items ahead of Ramadan but officials denied her pleas, according to the lawsuit.
Abcumby went through the prison’s internal grievance process to dispute the confiscation, but her claims were rejected, the lawsuit states.
“Defendants acted intentionally, or with reckless and callous indifference to Plaintiff’s federally protected rights. No legitimate penological interest supported their conduct,” the lawsuit states.
Abcumby is suing MDOC for violating her First Amendment right to practice her religion, retaliating against her, violating her right to equal protection under the law and emotional distress.
She is in prison on multiple drug distribution, conspiracy to distribute, and weapon possession charges from 2002 to 2017 as well as one charge of fleeing police. All her convictions are the result of guilty or no-contest pleas in Oakland County.
Her latest release date is Oct. 5, 2088, but she is eligible for parole Nov. 16, 2026, MDOC records show.
Abcumby and her lawyer filed the lawsuit two weeks after the Michigan Department of Civil Rights (MDCR) filed a formal charge of discrimination against MDOC following an investigation into a different incident alleging discrimination based on religion and retaliation requested by an inmate within a correctional facility, according to the civil rights department.
The investigation determined that two days after signing a settlement agreement related to a separate MDCR complaint, MDOC retaliated against the inmate by ordering him to submit to a urine drug test, knowing that he was participating in a religious fast, MDCR wrote.
Within the charge, MDCR is recommending that the Michigan Civil Rights Commission order MDOC staff to attend non-discrimination and non-retaliation training.
MDCR is also requesting that the Commission order MDOC to pay monetary compensation to the inmate for loss of property, emotional distress and financial hardship.
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