Originally Posted by
petaluma1
I do not consent to having my genitals probed by TSA and given the fact that 1. TSA refuses to advise that your genitals will be touched, using instead the completely misleading term "groin"
So you did consent to (or at least, were warned about) contact with your groin, then?
2. in the Linlor case TSA claimed: "…contact with Plaintiff's genitals, if any at all, was incidental and occurred through the course of a typical security pat-down"
If you agree with the statement you quote, then you also would admit that the touching of genitals was in fact part of a typical pat-down.
therefore, any touching of the genitals should be considered battery and "relieve" TSA screeners who probe the genitals of any immunity.
That conclusion does not follow, even if you had no idea that groin area is involved in patdown at all and they straight up grabbed your junk, because:
1. The screeners, as individuals, would be immunized from torts like battery under the Westfall Act.
2. You can only sue the United States for the battery, under the FTCA, if 2680(h) applies, as above.
3. To sue under
Bivens, you would need to show a
constitutional tort was involved (e.g. a 4th Am. violation); even if they admitted it was battery, that wouldn't
necessarily mean that it violates the constitution. And you'd
also have to prove that it was "clearly established" as unlawful at the time they did it, which would be pretty much impossible to do, given that the patdown has so far been routinely upheld in courts. A reasonable screener would not currently know that the courts say that it's illegal, and therefore (again) they would get personal immunity, and your only recourse would be FTCA.
Just telling you what is, not what ought to be.