Originally Posted by
Boggie Dog
If a screener doesn't follow procedure is it "normal business operations"? I think the tide may be changing on that front.
An individual screener is being sued for using excessive force during screening. Immunity has been denied by the court.
I wouldn't quite characterize it as the "tide may be changing."
The judge in that case was very careful to note that permitting that lawsuit to proceed was an exception to the rule.
Take a look at Professor Eugene Volokh's article -
Court okays lawsuit for damages based on allegedly excessive airport checkpoint search - and, if you have the time, the Fedral District Court opinion itself (
Linlor v. Polson).