8/30/2011

District Court Agrees to Keep Aaron Tobey TSA Protest Case Alive, Rejects Government’s Motion to Dismiss Airport Stripper Lawsuit

 

RICHMOND, Va.—U.S. District Judge Henry Hudson has rejected a motion by the Federal government to dismiss First Amendment claims against two Transportation Security Administration (TSA) agents in a civil rights lawsuit involving college student Aaron Tobey who was arrested for disorderly conduct after removing his shirt at Richmond International Airport (RIC) and exposing a portion of the Fourth Amendment written on his chest. While allowing the viewpoint discrimination claims against the individual TSA agents to move forward, the court dismissed the lawsuit against TSA supervisory officials and the Capital Region Airport Commission as an entity. The suit charging several Capital Region Airport Commission police officers with constitutional violations and false arrest in connection with the incident remains active and is moving forward.

Tobey made his novel protest against the TSA's use of whole-body imaging scanners and enhanced pat downs on December 30, 2010. Attorneys for The Rutherford Institute subsequently filed a free speech lawsuit in U.S. District Court in March 2011. The lawsuit alleges that agents of the TSA and RIC police deprived Tobey of his rights under the First and Fourth Amendments to the U.S. Constitution. Hudson has tentatively set the case for trial on Jan. 18, 2012.

"Aaron Tobey was arrested for exercising his right to free speech, which is clearly protected under the First Amendment," said John W. Whitehead, president of The Rutherford Institute. "Tobey was also unduly seized by government agents in violation of the Fourth Amendment, despite the fact that he did nothing to disrupt airport routine."

 

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http://www.rutherford.org/articles_db/press_release.asp?article_id=954

 

Most of Va. airport stripping suit dismissed

 

 

U.S. District Judge Henry Hudson on Tuesday dismissed Aaron Tobey's claims against Homeland Security Secretary Janet Napolitano, Transportation Security Administration John Pistole, the Capital Region Airport Commission and three airport police officers. He let stand some of the claims against TSA officers Rebecca Smith and Terri Jones.

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http://travel.usatoday.com/flights/story/2011-08-30/Most-of-Va-airp...

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Man arrested by TSA with 4th Amendment on chest says constitutional...