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 favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
7 hours ago
tjdavis posted a blog post
7 hours ago
tjdavis posted photos
20 hours ago
Less Prone posted a video

FEYNMAN: THE QUEST FOR TANNU TUVA (1988)

100th birthday present! Richard Feynman (1918-88), physicist, and his friend Ralph Leighton became fascinated by the remote and mysterious Asian country of T...
21 hours ago
tjdavis favorited cheeki kea's video
yesterday
tjdavis posted blog posts
yesterday
cheeki kea commented on Doc Vega's blog post Grooming the New Generation of Assassins
"That's right. Many countries head down that road into a terrorising future of Self ID-ers. (…"
Friday
Doc Vega posted a blog post

Terror on All Hallows Eve Pt. 2 The Aftermath

Elizabeth had just gotten home from Junior High when the doorbell rang. She’d barely put her books…See More
Thursday
Doc Vega commented on Doc Vega's blog post Grooming the New Generation of Assassins
"cheeki kea, I fear that we are headed further down the road of inhumanity institutionalized by the…"
Oct 30
omegamann is now a member of 12160 Social Network
Oct 29
Doc Vega commented on Doc Vega's blog post Three Must See Movies for Halloween
"cheeki kea Thanks. I watched most of the movie but I'd forgotten until a few minutes into it…"
Oct 29
cheeki kea commented on Doc Vega's blog post Three Must See Movies for Halloween
"That's a fine movie menu you've got Doc V. I love the old days theme. Great to view when…"
Oct 29
Doc Vega posted a blog post

Three Must See Movies for Halloween

Grab Your Popcorn and Settle In!  If you really want to get in the mood for Halloween and you like…See More
Oct 28
Bob of the Family Renner posted photos
Oct 28
Doc Vega posted a blog post

Terror on All Hallows Eve

Chapter IElizabeth was angry. All of her friends were going to be out on Halloween, but her. She…See More
Oct 27
Jeff favorited Jeff's profile
Oct 26
Jeff favorited Jeff's profile
Oct 26
Jeff favorited Doc Vega's profile
Oct 26
Jeff is now a member of 12160 Social Network
Oct 26
Doc Vega posted blog posts
Oct 24

© 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