FlyerTalk Forums - View Single Post - Lawsuit regarding the "enhanced" patdown process
Old Aug 17, 2018 | 8:13 am
  #18  
petaluma1
 
Join Date: Aug 2012
Posts: 3,526
Originally Posted by Boggie Dog
Was looking for this case and can't find it. Would you please post a link to the quote you posted. Thanks.
My misspellings were the reason you couldn't find it.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/02/court-okays-lawsuit-for-damages-based-on-allegedly-excessive-airport-checkpoint-search/?utm_term=.8448aa7c9540

https://www.leagle.com/decision/infdco20170712g65


Defendant nonetheless argues that "[e]ven if the Court were to conclude that Plaintiff had sufficiently alleged a violation of the Fourth Amendment, [Defendant] would still be entitled to qualified immunity because there was no law clearly establishing the specific degree of permissible intrusiveness of a security screening pat-down[.]...

Frankly, it strains credulity for Defendant to claim that a reasonable federal officer would be surprised to learn that gratuitously striking an individual in the groin while searching them violates the Fourth Amendment.

Last edited by petaluma1; Aug 17, 2018 at 8:30 am
petaluma1 is offline