Court Rules TSA Screeners Immune from Abuse Claims

A federal appeals court ruled Wednesday that Transportation Security Administration (TSA) workers at airport security checkpoints would be exempt from invasive screening claims by travelers.

According to Reuters.com, the 3rd U.S. Circuit Court of Appeals in Philadelphia voted 2-1 in favor of TSA screeners, stating they are exempt of liability under the Federal Tort Claims Act as they do not function as “investigative or law enforcement officers.”

TSA screeners are now immune from claims under a federal law governing assaults, false arrests and other abuses. While the judges who ruled in the favor of TSA agents were “sympathetic” to the concerns of travelers, Circuit Judge Cheryl Ann Krause said it was up to Congress to expand liability for abuses.

The decision was part of a case brought forth by Nadine Pellegrino following a July 2006 altercation at Philadelphia International Airport. Pellegrino filed a lawsuit alleging false arrest, false imprisonment and malicious prosecution after she was selected for additional screening before a flight to Florida.

Pellegrino claims said she objected to TSA’s invasive screening before the agents called on the police, who arrested the woman and jailed her for around 18 hours. Authorities filed charges against Pellegrino, but she was acquitted at a March 2008 trial.

The dissenting judge, Thomas Ambro, told Reuters why he voted against the decision:

“By analogizing TSA searches to routine administrative inspections, my colleagues preclude victims of TSA abuses from obtaining any meaningful remedy for a variety of intentional tort claims.”