Assistant U.S. Attorney Ellen Blain asked Southern District Judge Ronnie Abrams Friday to dismiss a lawsuit claiming 25 federal agents put four Muslim men on the anti-terror No Fly List to retaliate for their unwillingness to act as informants.

Blain told the court that lawyers for the four want to recognize a so-called Bivens cause of action and allow FBI agents to be personally liable for violation of the men’s First Amendment rights.