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US court revives Muslim surveillance case against FBI
A U.S. Court of Appeals has partially revived a lawsuit alleging improper FBI surveillance of Southern California’s Muslim community.
The case, Fazaga v. FBI, centers on “Operation Flex,” in which the FBI allegedly used an informant to gather intelligence in a counterterrorism effort.
Plaintiffs claim unconstitutional searches and religious discrimination, citing violations of the First, Fourth, and Fifth amendments.
The court rejected their claim for monetary damages, under Bivens v. Six Unknown Federal Narcotics Agents, but ruled against dismissing it based on the state secrets privilege.
The court clarified privileged information could be excluded without dismissing the case.
It reversed the dismissal of the plaintiffs’ religious discrimination claims, remanding them to the District Court for further proceedings.
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