United States Court of Appeals For the Seventh Circuit ____________________ No. 22-1876 MOHAMED SALAH MOHAMED A EMAD, Plaintiff-Appellant, v. DODGE COUNTY, et al., Defendants-Appellees. ____________________

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 2:19-cv-598 — Lynn Adelman, Judge. ____________________

ARGUED APRIL 12, 2023 — DECIDED JUNE 26, 2023 ____________________

Before SCUDDER, KIRSCH, and LEE, Circuit Judges. SCUDDER, Circuit Judge. Mohamed Salah Mohamed A Emad is a devout Muslim who alleges that various officials at the Dodge County Detention Facility in Wisconsin violated his rights under the First and Fourteenth Amendments by al- lowing Christian inmates to engage in certain forms of prayer but affirmatively prohibiting him (and other Muslims) from doing the same. The district court entered summary judgment in the defendants’ favor. We reverse. 2 No. 22-1876

This case is complex on many levels and the record leaves many important questions unanswered. This became crystal clear during oral argument, as it seemed the parties were dis- cussing two separate cases with different factual records. All we can say with confidence is that Emad’s allegations of reli- gious discrimination leave us unsettled. But that observation does not take us very far because it is essential to know with precision how Emad may have experienced discrimination and what role, if any, each named defendant played in favor- ing Christian prayer over Muslim prayer. Without a more de- veloped factual record on those points, the only responsible resolution of this appeal is to return the case to the district court for a more refined evaluation of Emad’s three claims. I A Drawing on the summary judgment record, we present the facts—as best as we can discern them—in the light most favorable to Emad. Emad has been an active member of Milwaukee’s Islamic community for 25 years. He practices Salah, one of the five Pillars of Islam, by praying five times each day in a state of physical purity. Emad has also long participated every Friday afternoon in a form of congregational prayer known as Jumu’ah. Although most often led by an imam at a mosque, Jumu’ah can be held in other locations so long as the prayer occurs in a group setting. From March 2018 to May 2019, Emad was an immigration detainee at the Dodge County Detention Facility. He was one of 175 Muslim detainees admitted to the jail during that time. Throughout his detention, Emad remained committed to No. 22-1876 3 daily prayer (Salah) and group prayer (Jumu’ah) but encoun- tered certain policies and practices within the Dodge County jail that he contends limited his ability to pray. During the relevant period, the Dodge County jail had a written policy providing that “[p]ersonal worship may be done in your cell or beside your bunk. It is not permitted in the dayroom areas.” This policy proved problematic for Emad because his cell contained a toilet, leaving him unable to pray in a clean environment in accordance with Salah. The jail also prohibited all “[g]roup activities led by inmates.” This limita- tion kept Emad from participating in Jumu’ah, owing perhaps in large part to jail officials being unable to find a volunteer imam to come to the facility to lead Friday afternoon prayer gatherings. Emad says that what troubles him most is that, despite these policies, the jail has long permitted Christian inmates to pray quite freely within the facility. This freedom, according to Emad, includes gathering in the dayro