Justices rule Muslim men can sue FBI agents over no-fly list

Law Firm Marketing

A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.

The justices continued a string of decisions friendly to religious interests in holding that the men could sue the agents under the 1993 Religious Freedom Restoration Act for what it calls “appropriate relief.”

“The question here is whether ‘appropriate relief’ includes claims for money damages against Government officials in their individual capacities. We hold that it does,” Justice Clarence Thomas wrote for the court.

The three foreign-born men claim in the lawsuit that their religious convictions led them to rebuff agents who wanted them to inform on people in their Muslim communities. “This is a clear prohibition in the Islamic faith,” Ramzi Kassem, the men’s lawyer, told the justices during arguments in October.

The men claim the agents then placed or kept them on the list of people prevented from flying because they are considered a threat. The men have since been removed from the no-fly list.

A trial court dismissed the suit once their names had been dropped from the list, but they argued that the retaliation they claimed “cost them substantial sums of money: airline tickets wasted and income from job opportunities lost,” Thomas wrote. The federal appeals court in New York agreed with the Muslim men, and the high court affirmed that decision.

There’s no guarantee the men will win their case or collect anything from the agents. Thomas noted that the agents can argue that they should be shielded from any judgment by the doctrine of qualified immunity, which the Supreme Court has said protects officials as long as their actions don’t violate clearly established law or constitutional rights they should have known about.

Lori Windham, senior counsel at the public interest law firm the Becket Fund for Religious Liberty, said governments too often change policies to avoid court judgments. “We’re glad the Supreme Court unanimously emphasized that the government can’t expect to be let off the hook by simply changing its tune at the last second. This is a good decision that makes it easier to hold the government accountable when it violates Americans’ religious liberties,” Windham said.

In recent years, the court has ruled in favor of people and companies asserting claims under the Religious Freedom Restoration Act, or the Constitution’s guarantee of religious liberty.

Related listings

  • US to get 9th justice with Dems powerless to block Barrett

    US to get 9th justice with Dems powerless to block Barrett

    Law Firm Marketing 10/27/2020

    A divided Senate is set to confirm Amy Coney Barrett to the Supreme Court, giving the country a ninth justice Monday as Republicans overpower Democratic opposition to secure President Donald Trump’s nominee the week before Election Day. Democra...

  • Health care law on line at court, but is it likely to fall?

    Health care law on line at court, but is it likely to fall?

    Law Firm Marketing 10/13/2020

    To hear Democrats tell it, a Supreme Court with President Donald Trump’s nominee Amy Coney Barrett could quickly get rid of the law that gives more than 20 million Americans health insurance coverage. But that’s not the inevitable outcome...

  • High court: Rhode Island mail-in voters don't need witnesses

    High court: Rhode Island mail-in voters don't need witnesses

    Law Firm Marketing 08/11/2020

    The U.S. Supreme Court on Thursday left in place an agreement that allows Rhode Island residents to vote by mail through November's general election without getting signatures from two witnesses or a notary.State officials had agreed to suspend the w...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read