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

rlionhearted_3 commented on Sandy's photo
19 hours ago
cheeki kea posted a photo
20 hours ago
cheeki kea favorited tjdavis's blog post Propaganda,Cognitive Warfare Europes Self Destruction
21 hours ago
cheeki kea commented on tjdavis's photo
Thumbnail

Sustenance

"Bacon health to the nation for one and all and stealth for operations elsewhere in the war. Yip a…"
21 hours ago
Doc Vega posted a blog post

The Consequence of Loneliness: Another Missing Person Case

Chapter I“Unit 7, Unit 7. Do you read? This is dispatch!”“This is Unit 7, over!” Deputy Patterson…See More
yesterday
Cora is now a member of 12160 Social Network
yesterday
tjdavis's 3 blog posts were featured
yesterday
Doc Vega's 6 blog posts were featured
yesterday
Sandy posted a photo
Sunday
Doc Vega posted blog posts
Sunday
tjdavis posted a video

Devo - Fresh

"Fresh" is from Devo's 2010 album, Something For Everybody. Video producer – Brian Carr/David VotteroVideo director – Gerald Casale & Davy Forcehttps://www.C...
Sunday
Doc Vega commented on tjdavis's blog post Drones Used In Gaza Surveilling US Cities
"Remember that song by Alan Parsons "Eye in the Sky"?"
Saturday
Snakedaddy favorited tjdavis's video
Saturday
Doc Vega posted a blog post
Friday
tjdavis posted blog posts
Friday
Cora favorited Doc Vega's blog post They Won’t Stop
Nov 6
Cora favorited Doc Vega's blog post They Won’t Stop
Nov 6
Sandy commented on tjdavis's blog post Drones Used In Gaza Surveilling US Cities
Nov 5
Less Prone favorited cheeki kea's photo
Nov 5
cheeki kea commented on cheeki kea's photo
Thumbnail

ancient lost worlds ~ DNA

"The area of Ket and Selkup  peoples.There have been groups of people that have long…"
Nov 5

© 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