Three Muslim men who were put on the “No Fly List” for refusing to become government spies are not allowed to sue FBI officials, according to a US appeals court.
Despite their “improper behavior” and the three men’s conviction that Muslims in America had been unfairly singled out, the 2nd US Circuit Court of Appeals in Manhattan ruled that the 16 agents were protected by qualified immunity.
Since none of the men had mentioned their religious views to the agents throughout their meetings, Circuit Judge Gerard Lynch wrote for a three-judge panel that the agents had no reason to suspect they were going against the men’s beliefs.
Federal officials who violate constitutional rights that were not explicitly established at the time of the offense are protected from liability by qualified immunity.