Muslims can sue over No-Fly list designation
Court says federal agents who put Muslim men on a No-Fly list can be sued.
Federal agents who put Muslim men on a No-Fly list can be held individually liable for alleged violations of religious rights, a federal appeals court ruled Wednesday.
The opinion from the U.S. Court of Appeals for the Second Circuit revived a lawsuit brought by a group of Muslim men who said they were improperly put on the No-Fly list because they refused to serve as government informants.
The men claimed they turned down repeated requests because of “sincerely held religious beliefs” and were retaliated against by being put on the No-Fly list despite never being accused of posing a threat to aviation safety.
The men, who were born overseas, immigrated at a young age and now live legally in New York and Connecticut, claimed their religious freedoms were violated.
While the agents could not be sued in their official capacity, the Second Circuit said, they could be held liable as individuals.
The Religious Freedom Restoration Act “permits a plaintiff to recover money damages against federal officers sued in their individual capacities for violations of RFRA’s substantive protections,” the decision said.
The case, first filed in 2015, was sent back to the district court where the men can resume their quest for damages.