Nathan A. Adams IV is a Partner in Holland &
Knight's
Tallahassee office.
Key Cases
Covert Surveillance Due to Religious Identity is
Actionable
Government surveillance of individuals due to their religious
identity is actionable under federal law. In Fazaga v. Federal
Bureau of Investigation, 916 F. 3d 1202 (9th Cir. 2019), the
Ninth Circuit ruled that the plaintiffs stated a claim under the
Religious Freedom Restoration Act (RFRA) against government
defendants for paying confidential informants to conduct a covert
surveillance program to gather covert information about Muslims
allegedly due solely to their religious identity. The plaintiffs
stated that they altered their religious practices as a result of
FBI surveillance in 2006 and 2007; for example, by attending mosque
less frequently or trimming beards. The court determined that the
FBI agents were entitled to qualified immunity from the RFRA claim
because when they conducted the surveillance, it was not
