FliesWay2Much

I'm sure they carefully selected these terms to hide what really happens from the citizens and, most importantly, for internal consumption. It's not a sexual assault groping of genitals because the TSA says it isn't. End of conversation.

In terms of your last sentence, I think the more we can make them feel "uncomfortable" the closer we will be from ending all of this crap. Sowing discontent and insurrection in the workforce is a good thing.

Boggie Dog

When I get a groping and if it is intimate I will suggest to the screener that they must be gay to do such things.

rolling_stone

So are you saying there is something wrong with being gay?

chollie

Nah....in DEN, management looked the other way while a gay TSO worked with a female TSO to 'randomly' select attractive males for his special handling.

I'd like to ask any screener who gets intimate with me if they play 'grope' with their kids at home.

In my day, it was cops and robbers or cowboys and Indians or gangsters and cops. It wasn't TSA vs. children, paralyzed wheelchair bound pax, mobility-impaired elders, wounded vets or women with mastectomies. My dad could come home from work and show us kids what he did for a living. He could even, on rare occasion, take us to work to watch.

I prefer the old games, where the villains weren't usually the people in uniform.

Boggie Dog

Not what I am saying at all. If I am subjected to an aggressive screening I will make the comment. If the screener is straight my comment will hopefully make the screener uncomfortable. If the screener is gay the implication is that he went over the line and I hope that makes him uncomfortable.

If TSA is going to make my screening experience uncomfortable I intend to give back 150%.

I'm an equal opportunity victim.

FliesWay2Much

Yes -- I'll say whatever it takes to make the screening clerk as uncomfortable as possible. Total and complete victory would be if he/she pukes at the checkpoint. I have said, in response to the mindless droning about having any "sensitive areas", "Well, yes. I have genital warts from years of unprotected sex. They are oozing at the moment and smell like crazy if i don't treat them often." As a result, I've had screening clerks not even come close. Ultimately, this is psychological warfare, so there are no limits.

iflyfast

Hi,
It is possible to take action against a TSA screener, in special and extraordinary circumstances, which is what happened to me. You all might want to reference a Federal case in the Eastern District of Virginia. This information is current as of June 2017. I am the Plaintiff; it is case #1:17cv13 (JCC/JFA) JL v. <name deleted>
I'm not an attorney and I'm not giving anybody legal advice (so don't construe this as such), but I'm also not the typical pilot (I have a few advanced degrees, and have done my legal homework). But since I don't expect anyone to have to go look up the case in the court system, I'll summarize it here.

I'm a charter captain and also do other work for the DoD. I was off-duty and transiting the pre-check area at Dulles as a revenue passenger, but still carrying my stack of ID cards. I was forcefully struck in the groin -- all on airport security video which I obtained over the objections of the airport as they tried to cover this up (that's it own story; it's not easy) by TSA screener <name deleted> at Dulles in March 2016 during a non-standard pat-down, apparently because I wouldn't (and could not per DoD and FAA statutes) surrender my stack of FAA and military IDs. I offered them up for inspection, just not removal from in front of me.

I tried 3 times after being hit by <name deleted>, to have the screener apologize to me, and not have to escalate this further. Instead, <name deleted> (and his manager) laughed and claimed the felony sexual battery was intentional. So, I called Dulles Airport Police (MWAA), and in front of them, I placed <name deleted> under citizen's arrest for felony sexual battery. The airport police refused to take <name deleted> into custody, but that's another lawsuit that the MWAA is likely going to lose (case law already shows I should prevail), but there's a whole process to these things, and sequences that need to be followed.

It was a valid citizen's arrest, affirmed by local prosecutors, and this is about to become a national news story. That wasn't my preference, but since the judge refused to let me to proceed anonymously, so be it. When you sue a TSA agent (in this case for an illegal search under the 4th Amendment), it is under a section of law called Bivens. He is sued individually; the United States is not a party to the lawsuit. It is a very specialized area, and most attorneys appear to not have done their homework, even though they passed the bar and all. So, please be aware that this is not a simply matter, but I feel very strongly that I am standing up for not just myself, but for all passengers and air crews. The case is against the screener "in his individual capacity," which means that he should have to defend himself or hire an attorney. Striking passengers is not in his job description or TSA SOP.

Despite this, the Asst US Attorney in Virginia <name deleted> has inserted herself into the case, and is representing the attacker, not the victim (me)! But I didn't jump into this blindly. I read hundreds of law cases and appeals, and the US Attorney has been left with the legal strategy of asking the federal judge to "bench legislate" immunity for all TSA screeners, since I've demonstrated that the search was unreasonable, unlawful, and unconstitutional.

I'm working with a group to publicize this case, so it may be in the news soon, but the hearing to determine if the judge tries to accept Murley's qualified immunity request for all TSA screeners could mean that the only option for passengers or air crews to sue TSA agents would be removed. That hearing is on June 22nd in Alexandria, Virginia, so stay tuned for more information as that date approaches! While 99% of issues do not rise to justify or support lawsuits, I believe that the option should exist for those few cases that even the US Attorney admits crossed the line of a reasonable search. Bottom line is that there *are* avenues for redress and remedy, but many specific factors have to have been met. I'll post more as this case proceeds, but if you hear about it on TV or the radio, you'll have read it here first. (yea FlyerTalk! )

Blue skies,
Capt. JL

sunshinekid

Do you the video posted anywhere?

studentff

I think there will be interest in following the details. To save others the hassle of the searches I had to do to get the case info, while also avoiding running afoul of flyertalk "rule 21" (the non-tinyurl addresses contain the defendant's name), see these links to publicly available court records:

http://preview.tinyurl.com/yd5ck95v

http://preview.tinyurl.com/ycgkhvgf

I was able to view the original filing through the second link without paying anything, though there were annoying click-through delays.

iflyfast

The video isn't posted anywhere yet. There is a dispute over a federal protective order which seems to bar me from releasing it. I am waiting for an answer, which may take another 2-3 weeks.

Thank you for finding the court docs and the short-links to it!

JakiChan

Bonus points for the "defense shenanigans".

Boggie Dog

Seems a Pacer account is required to view the documents.

nachtnebel

sigh. pro se.

good luck.

hopefully, the poster can get good legal assistance.

I didn't need a pacer account to view it.

petaluma1

Anyone who experiences a TSA screener's hands, front or back, in their genitals needs to file a complaint of sexual assault with the police at the airport.

TSA is too cowardly to use the word "genitals" when describing their new comprehensive pat down procedure. Instead, they use the word "groin", which is a separate area of the body from the genitals or they use the phrase "sensitive area". There is no part of the body known anatomically as "sensitive area". Because TSA refuses to accurately explain to passengers how they will be touched, passengers cannot "consent" to a pat down if they do not know what it entails. If you do not consent to having your genitals searched, you have been sexually assaulted and need to file a complaint with the police.

FliesWay2Much

I know the words are shallow, but, thank you beyond belief for fighting the good fight. Please know that there are many of us here on FT TS&S who would gladly do what you're doing if placed in the same situation.

We all have to work together and support each other if we ever expect to take the TSA down.