Can the TSA be sued by class action?
Jun 1, 2009, 10:13 am
#1
Original Poster
Join Date: Jul 2008
Location: Florida
Posts: 3,006
Can the TSA be sued by class action?
I got to thinking about all the FOIA requests that I and others on this board have been waiting for long past the "required" time frame. I know an individual can sue for their particular FOIA request but can the TSA be sued in a class action?
Jun 1, 2009, 10:21 am
#2
Suspended
Join Date: May 2005
Posts: 4,953
I've wondered the same thing, not in connection with an FOIA request, but rather with the strip search or pat down, when others passengers using the same airport but a different terminal/concourse without the MMW are not subjected to either humiliating procedure.
Jun 1, 2009, 11:39 am
#3
Join Date: Oct 2006
Location: ORD
Programs: AA Platinum, HHonors Diamond
Posts: 1,177
My completely ignorant understanding of the principle of Sovereignty is that governments cannot be sued except in cases where they allow themselves to be sued. One of these cases is that they allow you to sue for FoIA requests. In general, however, I would guess that the TSA cannot be sued in a class-action without a specific law saying this is allowed.
Someone with legal training and more than half a brain should chime in and tell us the real story, though. My statement is based on my sixth grade civics class.
Someone with legal training and more than half a brain should chime in and tell us the real story, though. My statement is based on my sixth grade civics class.
Jun 1, 2009, 11:41 am
#4
FlyerTalk Evangelist
Join Date: Aug 2001
Location: Finally back in Boston after escaping from New York
Posts: 13,644
My completely ignorant understanding of the principle of Sovereignty is that governments cannot be sued except in cases where they allow themselves to be sued. One of these cases is that they allow you to sue for FoIA requests. In general, however, I would guess that the TSA cannot be sued in a class-action without a specific law saying this is allowed.
Someone with legal training and more than half a brain should chime in and tell us the real story, though. My statement is based on my sixth grade civics class.
Someone with legal training and more than half a brain should chime in and tell us the real story, though. My statement is based on my sixth grade civics class.
Oh, it's a Monday, so I'm still at about 75% brain. By Friday, I'll be below half a brain.
Mike
Jun 1, 2009, 11:54 am
#5
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
There is no reason you couldn't if you can come up with a certified class . . . IMO . . . I'm not a lawyer.
Jun 1, 2009, 12:12 pm
#6
Join Date: Oct 2006
Location: ORD
Programs: AA Platinum, HHonors Diamond
Posts: 1,177
I don't think they would have that right. The provision to sue would be the ability to sue to Federal government, specific agencies would not be able to exempt themselves (I think).
Jun 1, 2009, 1:23 pm
#7
FlyerTalk Evangelist
Join Date: Aug 2001
Location: Finally back in Boston after escaping from New York
Posts: 13,644
Mike
Jun 1, 2009, 4:17 pm
#8
Join Date: Oct 2006
Location: ORD
Programs: AA Platinum, HHonors Diamond
Posts: 1,177
Jun 3, 2009, 8:18 am
#10
Join Date: Sep 2003
Location: Houston
Posts: 8,956
I don't recall any case in which a class action was against the Government. However, you can include as many plaintiffs as wish to join your action if appropriate.