Credit: BillionPhotos.com/Adobe Stock Tenth Circuit Allows Government Officials To Assert Qualified Immunity Defense To RFRA Damages Claims
The U.S. Court of Appeals for the Tenth Circuit recently ruled that the Religious Freedom Restoration Act provides a claim for money damages against government officials acting in their individual capacities and that those officials may raise qualified immunity as a defense.
March 21, 2022 at 12:00 PM
7 minute read
The U.S. Court of Appeals for the Tenth Circuit recently ruled that the Religious Freedom Restoration Act, 42 U.S.C. §2000bb et seq. (RFRA), provides a claim for money damages against government officials acting in their individual capacities and that those officials may raise qualified immunity as a defense. Ajaj v. Fed. Bureau of Prisons, — F.4th —, 2022 U.S. App. LEXIS 3584 (10th Cir. Feb. 9, 2022). The circuit court followed the Supreme Court's decision in Tanzin v. Tanvir, 141 S. Ct. 486 (2020), which confirmed that damages claims are permissible under RFRA, and expanded on Tanzin by allowing individual defendants to raise qualified immunity.
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