National Security & Defense

Eugene

(62,626 posts) Sat Aug 31, 2019, 04:14 PM Aug 2019

Judges say travelers can sue TSA over screener mistreatment

Source: Associated Press

Judges say travelers can sue TSA over screener mistreatment

August 30, 2019

PHILADELPHIA (AP) — A U.S. appeals court says travelers can sue the government over mistreatment by federal airport screeners because the agents can act like law enforcement officers, including when they conduct invasive searches.

The 9-4 decision Friday by the 3rd U.S. Circuit Court of Appeals overturned earlier rulings and is a setback for the Transportation Security Administration and its screeners.

The government is generally immune from lawsuits, but a federal law lets people sue over the actions of officers who can conduct searches and arrest people.

A district court and a three-judge panel of the same appeals court said TSA officers are just screeners who inspect passengers and bags. The full appeals court said, however, that screeners aren’t entitled to immunity from lawsuits because they perform searches for violations of federal law.

The court majority noted that TSA calls the screeners officers, they wear uniforms with badges including that title, and hold positions of authority.

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Read more: https://apnews.com/de76f18824324fd282e6d55aed19d6bd

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Related: 15-3047 - Nadine Pellegrino v. TSA (U.S. Court of Appeals for the Third Circuit)

3 replies

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Judges say travelers can sue TSA over screener mistreatment (Original Post) Eugene Aug 2019 OP

Correct me if I'm wrong but this is about the ability to sue defacto7 Aug 2019 #1

The AP article said the court ruled on both issues. Eugene Aug 2019 #2

This case is about the scope of the Federal Tort Claims waiver soryang Sep 2019 #3

defacto7

(13,551 posts)

1. Correct me if I'm wrong but this is about the ability to sue

Reply to Eugene (Original post)

Sat Aug 31, 2019, 04:35 PM

Aug 2019

the government (TSA). I would suspect the individual agent could be sued for misconduct either way.

Eugene

(62,626 posts)

2. The AP article said the court ruled on both issues.

Reply to defacto7 (Reply #1)

Sat Aug 31, 2019, 07:30 PM

Aug 2019

Three TSA employees are being sued. A four-judge dissenting opinion said that the screeners should be immune because “routine, suspicionless searches” are the norm at most airports. The majority found differently.

soryang

(3,304 posts)

3. This case is about the scope of the Federal Tort Claims waiver

Reply to Eugene (Original post)

Tue Sep 3, 2019, 01:36 PM

Sep 2019

Normally, tort suits cannot be brought against the United States based upon intentional torts, such as assault, battery, false imprisonment, etc., namely the causes of action brought in this case. The Federal tort claims act is an exception to the general principle of sovereign immunity. But sovereign immunity still applies to intentional tort suits brought against employees of the US. It does not apply to "officers of the United States," with the powers described in the decision. This includes TSA screeners at the airport.

An individual suit against a TSA screener as a practical matter is worthless in most cases, the cause of action needs to accrue against the United States itself to insure proper respect for constitutional principles.

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