Immunity and Accountability

Tanvir v. Tanzin

Brief Details

Patrick Jaicomo
Senior Attorney
Anya Bidwell
Senior Attorney
Date Filed
Original Court
2nd U.S. Circuit Court of Appeals

The Institute for Justice (IJ) submitted an amicus brief arguing that agents from the Federal Bureau of Investigation (FBI) who weaponized the No-Fly List to retaliate against a group of Muslims for refusing to become informants, are not entitled to qualified immunity. The brief explains that qualified immunity should not shield federal officers from lawsuits when a plaintiff sues under the Religious Freedom Restoration Act (RFRA). But, even if the court grants qualified immunity, it should at the very least state that the plaintiffs’ rights were violated, so going forward the right to be free from this type of an egregious retaliation is “clearly established.”