TSA can't be sued, just so you know...

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bignflnut
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TSA can't be sued, just so you know...

Post by bignflnut »

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).

SNIP

"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.

SNIP

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.
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Re: TSA can't be sued, just so you know...

Post by M-Quigley »

They're not law enforcement officers but they have the power of arrest?
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Re: TSA can't be sued, just so you know...

Post by ArmedAviator »

M-Quigley wrote:They're not law enforcement officers but they have the power of arrest?
Do they have the power to arrest? Every airport where I see TSA agents, the local PD/SD are the ones that do the arresting.
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