NEW YORK: A US appeals court said three Muslim men cannot sue FBI agents after being placed on the “No Fly List” for refusing to become government informants.

The 2nd US Circuit Court of Appeals in Manhattan said the 16 agents were protected by qualified immunity, despite their “improper behavior” and the three men’s belief that Muslims in America had been unfairly targeted.

Circuit Judge Gerard Lynch wrote for a three-judge panel that the agents had no reason to believe they were violating the men’s religious beliefs, because none of the men had told them so during their interactions.

Qualified immunity shields federal officials from liability for violating constitutional rights that were not clearly established at the time of the violation.

Muhammad Tanvir, Jameel Algibhah and Naveed Shinwari sued in 2013 after being put on the No Fly List for refusing to spy on US Muslim communities, despite no evidence the men threatened airline or passenger safety.

The men, all US citizens or permanent residents who were born abroad, said inclusion on the list violated their religious beliefs, cost them jobs, harmed their reputations, and kept them from seeing family in Pakistan, Afghanistan and Yemen.

Though eventually removed from the list, they sought damages under the federal Religious Freedom Restoration Act of 1993.

Lawyers for the men had no immediate comment. The office of US Attorney Damian Williams in Manhattan did not immediately respond to a request for comment.

Published in Dawn, October 30th, 2024