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In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners were not "investigative or law enforcement officers," and were therefore shielded from liability under the Federal Tort Claims Act (FTCA).
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"For most people, TSA screenings are an unavoidable feature of flying," but it is "squarely in the realm" of Congress to expand liability for abuses, Circuit Judge Cheryl Ann Krause wrote.
The FTCA generally affords the government sovereign immunity when employees commit intentional torts, a type of civil wrong.
Wednesday's decision was the first by a federal appeals court on whether a waiver of immunity for investigative and law enforcement officers extended to screeners.
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Circuit Judge Thomas Ambro dissented from Wednesday's decision, faulting the majority for barring victims of TSA abuses from recoveries "by analogizing TSA searches to routine administrative inspections."
Last August, the same court threw out a First Amendment claim by an architect, Roger Vanderklok, who said he was arrested in retaliation for asking to file a complaint against an ill-tempered TSA supervisor.
FWIW, Ambro is a Clinton Appointee.
Krause is a Soetoro Appointee.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798