Judges say travelers can sue TSA over screener mistreatment

[Eugene]

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)

[defacto7]

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

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

[Eugene]

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

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

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.