FBI agents asked the Supreme Court on Tuesday not to hold them personally responsible in a lawsuit by Muslim men put on the No-Fly List after refusing to spy on their religious communities for the federal government.
Muhammad Tanvir, Jameel Algibhah and Naveed Shinwari filed a federal lawsuit against more than a dozen FBI agents for violating the Religious Freedom and Restoration Act, which prohibits the government from burdening the exercise of religion.
All the men are U.S. citizens or lawful permanent residents.
The agents allegedly put them on the No-Fly List when the men refused to be government informants and spy on their respective religious communities. According to court documents, the men were banned from flying for several years.
The lower court dismissed part of the lawsuit accusing the agents of acting in their official capacity because the men were eventually removed from the banned list. But the appellate court permitted the lawsuits against the individual agents to move forward, letting the men obtain monetary damages for retaliation.
The federal agents appealed to the high court, arguing the Religious Freedom and Restoration Act allows suits against the government — but not civil lawsuits for monetary damages against individual federal employees for actions in the line of duty.
Edwin Kneedler, deputy solicitor general for the Justice Department, which defended the agents, said Congress is generally concerned about government morale in not wanting individual civil lawsuits filed against federal officials.
“Damage actions could put the employee in a difficult bind,” Mr. Kneedler said. “We think the respect for the executive branch that is reflected in the statues Congress has passed calls for a parallel rule of deference.”
Ramzi Kassem, the attorney representing the men, said the Justice Department’s Office of Legal Counsel, shortly after the Religious Freedom and Restoration Act was passed in 1993, issued guidance saying damages can be available in individual capacity lawsuits.
“My clients lost precious years with loved ones, plus jobs and educational opportunities,” he told the justices.
Justice Brett M. Kavanaugh was apprehensive about buying into the men’s claims, saying under the law there is no intent requirement in determining if the FBI agents should be held accountable for conduct.
“That seems just an odd mismatch,” Justice Kavanaugh said.
The court is expected to issue a ruling in the case by the end of June, which is when the justices wrap up the 2020 term.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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