Whew! The lawsuits that are probably coming with this one. A U.S. appeals court ruled this week that travelers have the right to sue TSA if they feel that they have been violated during a screening.
Personally, I don’t know anyone who has found that extra pat down pleasant, but now if people feel that a TSA agent has crossed the line while they were being searched, they have legal grounds to sue, according to Reuters.
In a 9-4 decision, the 3rd U.S. Circuit Court of Appeals in Philly said TSA screeners were “investigative or law enforcement officers” for the purposes of searching passengers. That means because they’re seen that way by the law, it waives any of the government’s usual immunity from lawsuits.
But while we assume this could open the floodgates to litigation, Circuit Judge Thomas Ambro downplayed those concerns, saying that in 2015 fewer than 200 people, out of more than 700 million screened, filed complaints that might trigger the waiver.
“The overwhelming majority of [screeners] perform their jobs professionally despite far more grumbling than appreciation,” Ambro wrote. “Their professionalism is commensurate with the seriousness of their role in keeping our skies safe.”
There are already people celebrating this decision, such as Nadine Pellegrino, a business consultant from Boca Raton, Florida, who with her husband sued for false arrest, false imprisonment and malicious prosecution over a July 2006 incident at Philadelphia International Airport.
Pellegrino, then 57, had objected to the invasiveness of a random screening prior to her flight to Fort Lauderdale, Florida, and was accused of striking a TSA officer.
She was eventually jailed for about 18 hours and charged with assault, making terroristic threats and other crimes, all of which she denied. Pellegrino was acquitted at a March 2008 trial.
“If you think you are a victim of intentional misconduct by TSA agents, you can now have your day in court,” her lawyer Paul Thompson said in an interview. “Nadine never gave up, and it is a real tribute to her courage.”
Roommates, what are your thoughts on the ruling? Let us know!
