COURT RULES AIRLINE PASSENGERS CAN SUE TSA AGENTS FOR ABUSIVE SEARCHES

SOURCE: RT

A federal appeals court ruled travelers can sue Transportation Security Administration officers for “abusive conduct,” stripping the controversial agency of the government immunity that has protected it thus far.

The 3rd US Circuit Court of Appeals in Philadelphia declared TSA screeners act as “investigative or law enforcement officers” when searching passengers, meaning they can be subject to civil claims for intentional wrongdoing under the Federal Tort Claims Act. The decision reverses a controversial 2018 ruling by a three-judge panel from the same court that effectively gave TSA officers immunity under the law.

The “intimate physical nature” of the screenings classifies them as a law enforcement act, the court ruled in a 9-4 decision on Friday, meaning the government’s immunity from lawsuits does not apply in cases where TSA agents abuse their power.

If you think you are a victim of intentional misconduct by TSA agents, you can now have your day in court,” exulted lawyer Paul Thompson. His client, Nadine Pellegrino, sued the TSA over a 2006 incident in which she was imprisoned for 18 hours and charged with crimes including assault and making terroristic threats, after objecting to an especially invasive screening as she attempted to board a US Airways flight at Philadelphia International Airport.

While she was acquitted of the charges two years later, Pellegrino and her husband sued the TSA for false arrest, false imprisonment, and malicious prosecution – only to be told last year that they were not legally permitted to sue the TSA. Now, at least, the case can continue.

Dissenting judges feared the decision would open a Pandora’s box of lawsuits. But Circuit Judge Thomas Ambro noted that in 2015, less than 200 of the 700 million passengers screened filed complaints that could potentially have led to waivers of government immunity for the TSA.

The TSA has developed quite a reputation in the 18 years of its existence, with horror stories surfacing regularly in the media about invasive searches of children, veterans, and the elderly. In a recent example caught on video, triple-amputee US Air Force veteran Brian Kolfage (of “We Build the Wall” fame) was practically cavity-searched at the gate by an overzealous TSA agent. 

After a 2015 Department of Homeland Security study revealed that the TSA failed to detect weapons and firearms a shocking 95 percent of the time, the agency adopted a much more invasive procedure, warning local law enforcement in 2017 that they might receive phone calls complaining about the “comprehensive” searches before people got used to them. 

Judge Ambro, however, insisted that “the overwhelming majority of [agents] perform their jobs professionally despite far more grumbling than appreciation.

RELATED ARTICLES:

Fliers may have a tough time recovering damages for invasive screenings at U.S. airport security checkpoints, after a federal appeals court on Wednesday said screeners are immune from claims under a federal law governing assaults, false arrests and other abuses. In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners are shielded by government sovereign immunity from liability under the Federal Tort Claims Act because they do not function as “investigative or law enforcement officers.”

SHARE THIS ARTICLE...

Views: 103

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by James Roberts on August 31, 2019 at 7:35pm

Ninth Circuit, or some other court will overturn this.

Comment by Chris of the family Masters on August 31, 2019 at 5:10pm
"(TSA) screeners are shielded by government sovereign immunity from liability" - Last time I checked, foreign company cannot claim sovereign immunity whatsoever.

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a photo
4 hours ago
james will posted blog posts
7 hours ago
Less Prone favorited Sandy's video
9 hours ago
Doc Vega's 5 blog posts were featured
9 hours ago
tjdavis's 4 blog posts were featured
9 hours ago
Doc Vega posted a blog post

What was the Significance of the F-94 C and What role in History?

 It’s July 19, 1952 over White House forbidden airspace and Captain William Patterson observes…See More
yesterday
tjdavis posted a video

FLUORIDEGATE: An American Tragedy. a film by Dr. David Kennedy

FLUORIDEGATE: An American Tragedy, is a feature documentary that reveals the tragedy of how government, industry and trade associations protect and promote a...
Sunday
Doc Vega posted a blog post

Rendezvous With The Unknown

Rendezvous With the Unknown Chapter I It was about 9:00 am when I received a text on my phone from…See More
Saturday
cheeki kea replied to cheeki kea's discussion Tartaria
"ah ha - a Tartarian cuisine component lurks inside good old Tartar Sauce. Who would have thought.…"
Saturday
tjdavis posted a blog post
Saturday
Doc Vega posted a blog post

Shadows in the Wind

If you think that life is but a game you can winYou’re just a shadow in the windConveniently…See More
Friday
Doc Vega posted a blog post
Thursday
tjdavis posted a photo
Thursday
james will is now a member of 12160 Social Network
Thursday
Burbia replied to cheeki kea's discussion Tartaria
Thursday
Burbia posted a video

Mossad: we create a pretend world, we are a global production company... the world is our stage

60 Minutes interviews alleged Mossad agent"we create a pretend world, we are a global production company......the world is our stage."_______________________...
Thursday
Doc Vega posted a blog post

The Alvin II Encounter: Was There A Living Dinosaur Involved?

The year is 1965 in the Caribbean islands at a 5-thousand-foot depth in the dark Atlantic waters.…See More
Dec 16
Doc Vega posted blog posts
Dec 15
rlionhearted_3 posted photos
Dec 15
Burbia posted a video

All In The Family | Mike Meets Archie For The First Time | The Norman Lear Effect

Gloria (Sally Struthers) has a new boyfriend called Michael (Rob Reiner) and she is very excited to introduce him to her parents (Carroll O'Connor and Jean S...
Dec 15

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted