Circuit Judge Gerard Lynch, writing for a three-judge panel, noted that the FBI agents involved were shielded by qualified immunity, despite acknowledging their “improper behavior.” The ruling concluded that the agents could not be held liable for actions that did not clearly violate the men’s constitutional rights, as defined at the time.
The plaintiffs—Muhammad Tanvir, Jameel Algibhah, and Naveed Shinwari—filed their lawsuit in 2013, claiming they were wrongfully placed on the No Fly List without any evidence suggesting they posed a threat to airline safety. All three men, either U.S. citizens or permanent residents, argued that their inclusion on the list infringed upon their religious beliefs, damaged their reputations, and obstructed their ability to reunite with family members overseas.
Though the men were eventually removed from the list, they sought damages under the federal Religious Freedom Restoration Act of 1993, aiming to highlight the impact of their treatment on their lives and communities.
In 2020, the case reached the U.S. Supreme Court, which allowed the men to pursue damages but did not address the issue of qualified immunity. The recent decision reaffirms an earlier ruling by U.S. District Judge Ronnie Abrams, which dismissed the men’s claims against the FBI agents.
Judge Lynch emphasized that while the agents were protected from legal action, their conduct—pressuring the men to become informants through false accusations of terrorism—was deeply troubling. He stated that such behavior is “improper” and cautioned that the agents should have been aware of the potential consequences of their actions, even if they did not explicitly understand the men’s religious beliefs.
Representatives for the plaintiffs, including organizations like the Center for Constitutional Rights and the City University of New York School of Law, expressed their disappointment but underscored the importance of the case in bringing attention to systemic issues. Muhammad Tanvir stated, “This fight was never just about money. We have spent a decade ensuring that our story is known, so others do not suffer the same fate.”
The No Fly List, established in the wake of the September 11 attacks, aims to prevent suspected terrorists from boarding U.S. aircraft. This ruling raises critical questions about the intersection of national security and civil liberties, particularly concerning the treatment of Muslim communities in America.
The case is formally recorded as Tanvir et al v. Tanzin et al, No. 23-738 in the 2nd U.S. Circuit Court of Appeals.
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