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TSA Screeners Win Immunity From Abuse Claims, Court Rules (reuters.com)
Mr.Intel writes from a report via 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," reports Reuters. In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners are shielded from liability under the Federal Tort Claims Act (FTCA) because they do not function as "investigative or law enforcement officers."
The decision, the first on the issue by a federal appeals court, 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," reports Reuters. According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a U.S. Airways flight to Fort Lauderdale, Florida. 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.
The decision, the first on the issue by a federal appeals court, 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," reports Reuters. According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a U.S. Airways flight to Fort Lauderdale, Florida. 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.
i guess pretty soon every kiddy fiddler and other person who is into indecent assault will be working for the TSA, paid for by the US government. Great work.
If you see a TSA screener get in an accident, help the other person first, even if their car is burning. If you serve a TSA screener in a restaurant, make sure they wait a long time for stale dogfood. Ask them if they like to abuse the public if you see them in uniform off the job. Ostracism and public humiliation can be powerful tools for good.
If they're not "investigative or law enforcement officers", then they can not detain you, and you should be able to walk right past the security checkpoint.
If you told someone back in the 90's that in order to get on a flight now you'd have to give a 3D scan of your naked body they'd accuse you of being some conspiracy tinfoil hat nutter who smokes too much weed.
in that they have immunity from behind held accountable from breaking the law. The worse thing though for the TSA is that they have less training and don't have to take an oath like cops do so this is even worse.
Then what is their function?
Security theater.
This is why I no longer fly. When the government treats you as a criminal, even though you've done nothing wrong, and you have no recourse, we've reach an Orwellian state.
The best thing people can do is not fly and let the airlines fall apart.
But they won't. As we see every day, people are too stupid to say no to injustices such as this. They'll gladly endure every imaginable humiliation because their government says it's for their protection.
"investigative or law enforcement officers." Nope they don't, I am sure that some are good workers just trying to do a job. But now what do we do with the criminals, pervs and thieves?
;)
Oh that is right, they work for the government so none of them are criminals, pervs or thieves! Besides why should ordinary people have any recourse.
Just my 2 cents
a sub set of the 3rd U.S. Circuit Court of Appeals in Philadelphia. So I think (not a lawyer) that an appeal can be made to the entire 3rd U.S. Circuit Court of Appeals in Philadelphia. So this may not be the final outcome. Time will tell.
;)
Just my 2 cents
Sovereign immunity confuses the heck out of me. The idea that law enforcement is immune to prosecution is preposterous. The very concept seems to violate the 5th amendment to the constitution. Someone needs to hold them accountable.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation.
It seems quite obvious to me that someone having the power to hold someone for 18 hours arbitrarily is not someone you want immune from prosecution. I get that the government doesn't want every criminal suing the police because they can, but the current situation seems ripe for abuse. A TSA screener should not hold that kind of power. Maybe we need to permit liability in the event that the person is acquitted or charges dropped, like what happened here?
we did exactly what we wanted them to do. We freaked the hell out, got involved in several pointless wars that are killing our nation (our infrastructure crumbles while we waste trillions in Iraq/Afghanistan). They played us like a harp.
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I've always assumed it was just a welfare program to keep otherwise useless and incompetent citizens off the streets. I mean, what would they do otherwise? The world only needs so many telephone sanitizers.
never drink kool-aid from a big vat
If Trump and Sanders were both stuck in a burning Mazda Miata, with Mike Pence, Paul Ryan and the Pope standing nearby, I would do everything I could to force Pence into the car. I have faith that the Pope could handle getting Paul Ryan in.
Sure and the right never does that. Tell you what, go ahead and tell a conservative christian that you are gay and that jesus is a lie and see what happens to you.
Conservative/libertarian and (by some definitions) Christian here, and the worst that I will do, depending on how well I know you, is to offer you historical evidence of His existence, as well as that of formerly "gay" people whom He had delivered from this and all of the rest of their sin, even though some of them weren't living accordingly at the time. Oh, and I will pray for you. What I will not do, however, is to condone nor to participate in beliefs or actions I know to be sin. For instance, I will not attend your so-called "gay wedding" nor your "Jesus Never Existed" conferences. I will not pretend to agree with your beliefs nor your lifestyle, if either or both are sinful and/or stupid. But I will tolerate you. For two reasons. One, you are my neighbor, and God commanded that we love our neighbor. Second, God may yet one day reveal Himself to you and make you His child, and, therefore, a brother or sister to every other one of His children.
Nonaggression works!
Sure and the right never does that. Tell you what, go ahead and tell a conservative christian that you are gay and that jesus is a lie and see what happens to you.
You get blessed and a promise of prayer for your eternal soul? Oh the horror. ;)