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Flyertalker files suit against TSA [merged threads]

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Flyertalker files suit against TSA [merged threads]

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Old Nov 17, 2010, 7:57 pm
  #31  
 
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In addition to my barely coherent post above, let me add my own:

Thanks & good luck!
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Old Nov 18, 2010, 12:45 pm
  #32  
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Greetings from the secure area of MIA! AA terminal D has 3 separate security checkpoints, numbered 1, 2, and 3. I arrived closest to D c/p 2 and noticed what appeared to be one metal detector and one millimeter wave device. I wandered to D c/p 3 and found that there were only 2 metal detectors, one of which was in use. Did not see D c/p 1. No problems today.

Update: I was able to see from the secure area that D c/p 1 has at least one MMW device, so the only safe c/p for terminal D is c/p 3.

--Jon

Last edited by Affection; Nov 18, 2010 at 1:28 pm
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Old Nov 18, 2010, 2:17 pm
  #33  
 
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Originally Posted by eyecue
I know that there are some here that are going to say that I am nit picking. I am not, you have to have your act together to file something like this. There is an old saying about the devil in the details.
I can't believe that I'm going to agree with eyecue, but you do need to have your act together when practicing in federal court. A federal judge is going to look for any reason (procedural or otherwise) to throw this case out so that he's not the one responsible if something happens again.

My suggestion is to retain counsel that regularly practices in the federal court system that knows the Federal Rules of Civil Procedure, and any applicable local rules. Even if you only retain counsel to review the work you do and file it, it will pay dividends. Even for lawyers that litigate only in state court, the Federal Court System can be quite daunting. I would hate to see your lawsuit get sidetracked just because you inadvertently forgot to cross all the t's and dot the i's.

Good luck with your suit! I hope it stops the madness.

Last edited by tacostuff; Nov 18, 2010 at 2:41 pm
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Old Nov 18, 2010, 2:23 pm
  #34  
 
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Thank you and good luck. Hopefully this gets done with before February.
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Old Nov 18, 2010, 2:25 pm
  #35  
 
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I spoke to one of our managers about this, she was a federal judge before TSA and she advised that the case will probably be assigned to a special magistrate.
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Old Nov 18, 2010, 2:29 pm
  #36  
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Originally Posted by eyecue
I spoke to one of our managers about this, she was a federal judge before TSA
That strikes me as profoundly unlikely.
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Old Nov 18, 2010, 2:29 pm
  #37  
 
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Originally Posted by eyecue
I spoke to one of our managers about this, she was a federal judge before TSA and she advised that the case will probably be assigned to a special magistrate.
Unlike my last post, now I disagree with eyecue. Unless there is a specific statutory exception, Federal Magistrate judges only get to decide the merits of the case if both sides consent. A magistrate could be assigned to deal with some of the underlying issues (e.g., discovery disputes). In any event, however, you can always appeal, so I'm not sure it makes a real difference whether a Magistrate Judge or an appointed Federal Judge decides the case.

Last edited by tacostuff; Nov 18, 2010 at 2:51 pm
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Old Nov 18, 2010, 2:35 pm
  #38  
 
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Originally Posted by eyecue
I spoke to one of our managers about this, she was a federal judge before TSA and she advised that the case will probably be assigned to a special magistrate.
You're saying someone went from being a Federal Judge to a Mgr in TSA? It's rather rare that a Federal Judge moves on to anything other than retirement, SCOTUS, law faculty, or inmate.
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Old Nov 18, 2010, 3:02 pm
  #39  
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Originally Posted by eyecue
I spoke to one of our managers about this, she was a federal judge before TSA and she advised that the case will probably be assigned to a special magistrate.
A federal judgeship is a lifetime appointment given to experienced, respected attorneys & vetted by the both the executive & legislative branches.

It is beyond credulity that a such a person would give that up & become one of the Supervising Gropers.
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Old Nov 18, 2010, 3:10 pm
  #40  
 
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Originally Posted by MikeMpls
A federal judgeship is a lifetime appointment given to experienced, respected attorneys & vetted by the both the executive & legislative branches.

It is beyond credulity that a such a person would give that up & become one of the Supervising Gropers.
Yup, I could not even envision an SSA Administrative Law Judge stepping down to take a "manager" position within TSA, even with the almost daily threats they tend to receive.
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Old Nov 18, 2010, 3:13 pm
  #41  
 
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Nice to see! Hope more people stand up for their rights.

Sign the petition to stop the TSA:

forprivacy.org
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Old Nov 18, 2010, 3:21 pm
  #42  
 
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Originally Posted by eyecue
I know that there are some here that are going to say that I am nit picking. I am not, you have to have your act together to file something like this. There is an old saying about the devil in the details.
Agreed. If the details are wrong, then having to correct them distracts from the main point of the case.
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Old Nov 18, 2010, 4:01 pm
  #43  
 
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Originally Posted by MikeMpls
A federal judgeship is a lifetime appointment given to experienced, respected attorneys & vetted by the both the executive & legislative branches.

It is beyond credulity that a such a person would give that up & become one of the Supervising Gropers.
But makes it easier for TSA to seize the airport

(refer to thread about NYC City Councilman)
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Old Nov 18, 2010, 6:42 pm
  #44  
 
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Originally Posted by Affection
lol according to his profile, he works for the TSA, which would explain his comment. But, I'd be interested in hearing what he thinks is inaccurate, if he does legitimately think so. I actually don't expect the government to challenge the facts of my case at all, but rather to try and find a technicality or try to persuade a jury that it's reasonable for them to be in our pants.



--Jon
Eyecue is correct, your suit is factually inaccurate in several instances. Dont ask me to help you out, I wont. Its your money and if you want to toss it into the fire who am I to stop you.

But here is a tidbit for the "violating the 4th Amendment" crowd. The question of administrative searches was answered by the US Supreme Court in the 1970's. Suits basing their complaint on that are tossed out of hand by most courts. I'll leave it to you fine folks to research what I am talking about, I doubt you will but at least I have attempted to point you in the right direction.
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Old Nov 18, 2010, 7:21 pm
  #45  
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Originally Posted by TSORon
Eyecue is correct, your suit is factually inaccurate in several instances. Dont ask me to help you out, I wont. Its your money and if you want to toss it into the fire who am I to stop you.

But here is a tidbit for the "violating the 4th Amendment" crowd. The question of administrative searches was answered by the US Supreme Court in the 1970's. Suits basing their complaint on that are tossed out of hand by most courts. I'll leave it to you fine folks to research what I am talking about, I doubt you will but at least I have attempted to point you in the right direction.
Good luck to the OP!

Bolding of TSORon's comments is mine.

I can't respond to the validity or legality of this argument because I'm not an attorney.

But I found TSORon's (bolded) term "violating the 4th Amendment crowd" to be demeaning. Regardless of his belief in his employer, we are fighting for his rights as well as our own.

Sorry he doesn't get that.

Sorry for the off topic comment. Carry on.
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