2nd Circuit Denies En Banc Review In RFRA Damages Case

In Tanvir v. Tanzin, the U.S. 2nd Circuit Court of Appeals by a vote of 7-3 denied en banc review of a panel decision that held RFRA plaintiffs could recover money damages against federal officials sued in their individual capacities. (See prior posting.) Plaintiffs in the lawsuit are three Muslim men who claim that federal officials placed or kept them on the no-fly list because they refused for religious reasons to act as FBI informants.  In denying en banc review, Chief Judge Katzmann and Judge Pooler filed an opinion explaining their reasons for doing so.  Judge Jacobs, joined by Judges Cabranes and Sullivan filed an opinion dissenting from the denial of review.