CAIR-NY Welcomes SCOTUS Decision Allowing Government Officials to Be Sued for Monetary Damages in Their Individual Capacity
CAIR-NY Welcomes SCOTUS Decision Allowing Government Officials to Be Sued for Monetary Damages in Their Individual Capacity
(NEW YORK, N.Y., 12/10/2020) - The New York chapter of the Council on American-Islamic Relations (CAIR-NY), a chapter of the nation’s largest Muslim civil rights and advocacy organization, today welcomed the U.S. Supreme Court’s decision affirming the right to obtain monetary damages against federal officials in their individual capacity for violating the Religious Freedom Restoration Act ("RFRA").
See CAIR National Statement Applauding SCOTUS Decision.
RFRA prohibits the federal government from imposing substantial burdens on religious exercise, absent a compelling interest pursued through the least restrictive means. RFRA permits “appropriate remedies” for a violation. In a unanimous decision, the Supreme Court granted plaintiffs the ability to seek monetary damages against government employees in their individual capacity. The Court went on to state that monetary damages is the “exact remedy [that] has coexisted with our constitutional system since the dawn of the Republic."
The decision came in Tanzin v. Tanvir, a case of three Muslim men who were placed on the No-Fly List after refusing to spy on their community and that their removal from the list would be facilitated if they agreed to be FBI informants. The Plaintiffs are represented by City University of New York’s (CUNY) legal clinic known as CLEAR (Creating Law Enforcement Accountability & Responsibility), the Center for Constitutional Rights (CCR), and Debevoise & Plimpton, LLP.
READ THE DECISION HERE: https://www.supremecourt.gov/opinions/20pdf/19-71_qol1.pdf
CAIR-NY’s Legal Director Ahmed Mohamed stated:
“The Court’s decision is a victory for all Americans. We hope this decision will cause the FBI to reconsider its unlawful and abusive practices of surveilling, harassing, profiling, and targeting the Muslim community. As exemplified by the plaintiffs in Tanzin, the Muslim community in New York and around the country will stand up to hold government officials accountable. We encourage the Muslim community to report harassment and abusive conduct by law enforcement to local civil rights groups like CAIR-NY.”
CAIR-NY's Executive Director, Afaf Nasher, added:
"This unanimous decision affirms the central belief that meaningful recourse against abusive and illegal practices is possible, even when sought against those employed in powerful government agencies like the F.B.I. Government officials should not be able to avert liability by virtue of their employment. This decision brings hope towards the movement of holding such officials accountable. CAIR-NY applauds the decision, the plaintiffs, and their litigators, CUNY CLEAR, CCR, and the law firm of Debevoise & Plimpton LLP for rejecting the government’s unconstitutional attempt to preclude liability."
CAIR-NY attorneys regularly bring suits against the federal and local government on behalf of Muslims whose rights have been violated.
CAIR-NY’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR-NY es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
CONTACT: CAIR-NY Legal Director Ahmed Mohamed, ahmedmohamed@cair.com, 646-481-2103; CAIR-NY Executive Director Afaf Nasher, anasher@cair.com, 917-669-4006;