2nd Circuit Dismisses Civil Rights Claims Against Airport Customs Personnel

In Muhammad v. Ahern, (2d Cir., Oct. 27, 2009), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a civil rights action brought by two plaintiffs who claimed they were subjected to unconstitutional border stops, searches, and detentions by Customs & Border Protection agents at New York's Kennedy Airport when they flew in from Saudi Arabia and Morocco. The court said plaintiffs' allegations that the border stops violated their rights to free speech, assembly, and free exercise of religion, and their rights under the Religious Freedom Restoration Act, were too conclusory to withstand a motion for summary judgment. The court also rejected plaintiffs' 4th Amendment claims.