Friday, September 04, 2015

No Damage Remedy Available To Muslims Placed On No-Fly List For Retaliatory Reasons

In Tanvir v. Lynch, (SD NY, Sept. 3, 2015), Muslim plaintiffs sued claiming that when they refused to become FBI informants, partly because doing so would violate their religious beliefs, the government retaliated by placing them on the No-Fly List.  Subsequently they were removed from the list, but continued to pursue claims for damages.  The court held that it will not extend a Bivens  damage remedy to this new context, and that RFRA does not provide for money damages against federal officers in their personal capacities. The Center for Constitutional Rights issued a press release reacting to the decision.