Federal Appeals Court -TSA has immunity from lawsuits

Discussion in 'Politics' started by Gator Fever, Jul 11, 2018.

  1. Gator Fever

    Gator Fever Senior Member

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    (Reuters) - 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."

    The majority said it was "sympathetic" to concerns that its decision would leave fliers with "very limited legal redress" for alleged mistreatment by aggressive or overzealous screeners, which add to the ordinary stresses of air travel.......

    Pellegrino, then 57, objected to the invasiveness of the search, but conditions deteriorated and she was later jailed for about 18 hours, the papers show. Criminal charges were filed, and Pellegrino was acquitted at a March 2008 trial.


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    I guess TSA can really get down to business now and make sure they do proper and thorough screenings to keep us safe without having to worry about frivolous lawsuits. :D
     
  2. Swamp Donkey

    Swamp Donkey Ox is a Poor Man's JBoss
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    All local, state and federal officers have qualified immunity.

    Would have thought youd know that since you claim to be a former leo.
     
  3. Gator Fever

    Gator Fever Senior Member

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    They seem to be implying in that article they are exempt from some things that law enforcement isn't.
     
    • Swamp Donkey

      Swamp Donkey Ox is a Poor Man's JBoss
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      The article is written by a journalist, who undoubtedly doesnt know shyt.
       
      • Gator Fever

        Gator Fever Senior Member

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        I cant find the ruling but it sounds like 2 of the 3 judges might be saying that under the FTCA that those intentional torts committed by LEOs which are not exempted from immunity in that law are exempted when it comes to the TSA with how the law is written. State law would then apply I guess.
         
      • Swamp Donkey

        Swamp Donkey Ox is a Poor Man's JBoss
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        State law doesnt apply to federal agents acting within scope of employment.
         
      • Gator Fever

        Gator Fever Senior Member

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        I think that FTCA stuff allows someone to sue the feds for certain things in federal court but the state law is applied in court if it is allowed. I might be way off however. I thought I read something like that.
         
      • Swamp Donkey

        Swamp Donkey Ox is a Poor Man's JBoss
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        You are wrong. Not surprising bc they dont teach it in most state leo training.
         
      • Gator Fever

        Gator Fever Senior Member

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        lol
         

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