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Thread: Court grants TSA same immunity from civil prosecution that cops have

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  1. #1

    Exclamation Court grants TSA same immunity from civil prosecution that cops have

    The gate rapings will continue until morale improves



    TSA screeners win immunity from abuse claims: appeals court

    https://ca.news.yahoo.com/tsa-screen...150740124.html

    By Jonathan Stempel

    (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 were not "investigative or law enforcement officers," and were therefore shielded from liability under the Federal Tort Claims Act (FTCA).

    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 adds to the ordinary stresses of air travel.

    "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.

    It was a defeat for Nadine Pellegrino, a business consultant from Boca Raton, Florida. She and her husband had sued for false arrest, false imprisonment and malicious prosecution over a July 2006 altercation at Philadelphia International Airport.

    Pellegrino, who represented herself, said she was reviewing the decision.

    U.S. Attorney William McSwain in Philadelphia, whose office defended TSA screeners, said the decision reflected Congress' desire to balance the government's sovereign immunity and "duty to protect taxpayer dollars" against the need to provide remedies for some plaintiffs.

    The 3rd Circuit hears appeals from Delaware, New Jersey and Pennsylvania.

    According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a US Airways flight to Fort Lauderdale, Florida.

    Pellegrino, then 57, objected to the invasiveness of the screening, but conditions deteriorated and she was eventually jailed for about 18 hours and criminally charged, the papers show. She was acquitted at a March 2008 trial.

    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.

    The case is Pellegrino et al v U.S. Transportation Security Administration et al, 3rd U.S. Circuit Court of Appeals, No. 15-3047.

    (Reporting by Jonathan Stempel in New York; Editing by David Gregorio)



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  3. #2
    Abolish the TSA.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  4. #3
    Quote Originally Posted by Anti Globalist View Post
    Abolish the TSA.
    ^^^THIS^^^
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  5. #4
    Quote Originally Posted by Anti Globalist View Post
    Abolish the TSA.
    Abolish the Philadelphia appeals court.

  6. #5
    Quote Originally Posted by Root View Post
    Abolish the Philadelphia appeals court.
    This would be the American thing to do .
    Do something Danke

  7. #6
    Quote Originally Posted by Anti Globalist View Post
    Abolish the TSA.
    Yes
    Do something Danke

  8. #7
    If they aren't Law Enforcement Officers what are they?

    This needs to be appealed to SCOTUS.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  9. #8



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  11. #9
    The TSA has repeatedly been proven to be ineffective & unnecessary pieces of $hit.

    Don't need a weather man to know which way the wind blows

  12. #10
    "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.
    An "unavoidable feature"?! I suppose prison rape is an unavoidable feature of incarceration.

    Anyway, when I fly the corporate jet or charters I don't go through TSA. So it's not "unavoidable" for flying. It's only "unavoidable" for the airlines because the TSA made it so. So, by this logic, the government can do anything it wants in any realm, use whatever tactics it feels like and then label them unavoidable features of their awesome program.
    "And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat

    "It is difficult to free fools from the chains they revere." - Voltaire



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