(WASHINGTON, D.C., 8/12/22) – The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today responded to a ruling by the United States Court of Appeals for the Ninth Circuit in a lawsuit against Maricopa County Community College District (MCCCD) and Professor Nicholas Damask over a course curriculum that forces Muslims students to denigrate Islam and violates their First Amendment rights.
In a statement, CAIR Trial Attorney Justin Sadowsky said:
“We respectfully disagree with the court’s ruling. The court did not even reach the question of whether demanding a student to answer questions on a final exam that would equate his own religion with one recognizable only by the worst Islamophobic stereotypes violates his Constitutional rights.
The court declined to reach this merely because of the lack of a similar case with the same exact fact pattern, under the doctrine of Qualified Immunity. The doctrine of Qualified Immunity is obscene; it justifies the most direct and straightforward constitutional violations. It is not a part of the Constitution, and it was never authorized by Congress. “
Indeed, a recent scholarly report shows that Congress, in enacting a cause of action for constitutional violations, used specific language to foreclose the defense of qualified Immunity. We urge the U.S. Supreme Court to put an end to this constitution-destroying doctrine.”
Last year the Arizona chapter of the CAIR, RM Warner Law PLC and Price Law Group APC offered oral arguments in the case.
To watch the oral arguments, go to: https://www.youtube.com/c/9thCircuit
Select “Phoenix Virtual Courtroom”
SEE: Sabra v. MCCCD – Opening Brief 9th Circuit Court of Appeals
Islamic group files appeal to decision to dismiss case against Scottsdale professor
FOR BACKGROUND, SEE:
CAIR-Arizona, Legal Groups Condemn Maricopa College District’s Settlement with Anti-Muslim Professor Who Forced Students to Denigrate Islam
The Maricopa County Community College District has agreed to pay $155,000 in a settlement to a Scottsdale professor whose quiz questions about terrorism offended Muslims.
Maricopa Community College District will pay $155K settlement to Scottsdale professor criticized for anti-Islam quiz
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Government Affairs Director Robert McCaw, 202-742-6448, rmccaw@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Coordinator Ismail Allison, 202-770-6280, iallison@cair.com