A U.S. Federal Appeals Court has held that Americans can sue FBI agents for wrongful placement on the “Do Not Fly” List.
In short, the Federal Bureau of Investigation (FBI) recruited several Muslim-Americans to become government informants. A handful of those who refused were placed on the “Do Not Fly” list, a confidential list which bans those on it from flying on a commercial flight to/from/within the USA. This addition occurred despite no evidence that they posed a threat to passenger or airline safety.
Last May, a three-judge panel on the 2nd U.S. Circuit Court of Appeals ruled that three American citizens/permanent residents, Muhammad Tanvir, Jameel Algibhah, and Naveed Shinwar, could seek damages because their placement on the list appeared to be an act of retaliation rather than a genuine safety concern.
The U.S. government appealed to the full court, which upheld the three-judge panel in a 7-3 decision. The lawsuit was filed on the basis of the Religious Freedom Restoration Act, a 1993 law introduced by Chuck Schumer (D – NY) and Ted Kennedy (D – MA) that “ensures that interests in religious freedom are protected.” For more on that act, click here.
The plaintiffs argued that their placement on the list resulted in social alienation, the inability to visit relatives, and job loss.
Meanwhile, the dissent argued that the decision places an unacceptable burden on federal employees tasked with protecting national security. The dissent feared these professionals will become too intimidated to protect national security for fear of being held personally liable. The dissent also argued that Supreme Court precedent specifically limited the liability of government officials for such misconduct.
CONCLUSION
This story is more law than travel, but since the focus is on commercial flying, I feel it is worthy of coverage.
While I agree with the dissent that this decision seems to stretch Supreme Court precedent, should not government officials be held accountable for essentially bullying innocent parties who do not wish serve as government informants? Perhaps it is time for Congress to change the law.
Aww. Was really unaware about this.
Thanks a ton for the explanation.
Reminds me that you can check if you have a FBI (or is it CIA) file on yourself. However, if you do check, you will have a file created on you. They also don’t have to release classified info, of which all of it is. I heard of this catch 22 on the news.
Yet you can’t sue the TSA for pretty much anything, no matter how eregious.
Let’s try that again. Egregious.
erogenous? would be more fun!?!
If someone would be valuable as an informant, it means they are associates of some persons of interest. If they decline being informants while being associates of persons of interest, isn’t it logical that they too may be persons of interest?
Nope. That line of reasoning would cast a really wide net. Far wider than courts would allow. The No Fly List is not some sort of medieval retaliation device.
The FBI has become a disgrace. A mercenary outfit they have become.
Absolutely. 90% of the laws they enforce are laws which limit fundamental freedoms of body and property. Those laws are crimes in themselves and it is unfortunate more people don’t practice jury nullification and vote down these bad and inhumane laws. Regarding the 10% of laws against unjustified murder, rape, theft, battery or etc., the FBI and other law enforcement agencies are often so incompetent or focus on the wrong people that we have all the problems we have today. The fbi would rather persecute an American who checked a box incorrectly on a form rather than secure the border and deport illegals. Rather than the government restricting Arab men from getting student visas and coming to the West it would rather violate the rights of,the American public with the patriot act. In all cases unless otherwise proven I side with whatever party the fbi is against because the fbi is a criminal enterprise and always has been. They were created around the time of prohibition because some people didn’t believe people have a right to decide what to do with their own bodies and put in their own bodies what they please.