Originally Posted by
WillCAD
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.
a) No. Screening currently requires patdown. You consent to, or are warned of, that fact when you enter. Therefore they are allowed to do a patdown, even though any patdown at all necessarily involves touching you, which (without your consent) might otherwise be assault. Touch necessarily involves a minimal amount of physical force. The question in
Linlor was what amount of force is consented to / noticed, required, and/or unreasonable.
b) You're talking about battery (an actual bad touch), not assault (a reasonable fear of bad touch).
c) Qualified immunity doesn't make something not assault, it just immunizes the assailant from negative consequences for it.