FlyerTalk Forums - View Single Post - Lawsuit regarding the "enhanced" patdown process
Old Aug 17, 2018 | 3:57 pm
  #20  
WillCAD
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Originally Posted by petaluma1
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.
Actually, it strains credulity that Defendant would consider the use of any physical force to fall within the spectrum of "permissible intrusiveness".

Since screeners are not law enforcement, the use of ANY physical force during the performance of their duties - other than justifiable self-defense if attacked - would immediately negate their so-called qualified immunity and constitute assault.
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