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TSA screeners win immunity from flier abuse claims: U.S. appeals court

TSA screeners win immunity from flier abuse claims: U.S. appeals court

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Old Jul 11, 18, 9:48 am
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TSA screeners win immunity from flier abuse claims: U.S. appeals court

https://www.reuters.com/article/us-u...-idUSKBN1K125W
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Old Jul 11, 18, 10:29 am
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Big to that.
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Old Jul 11, 18, 10:58 am
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Another big blow against rights of travelers.
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Old Jul 11, 18, 11:06 am
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This is similar to a number of recent Circuit and/or Supreme Court decisions where the ruling is effectively "it's wrong but it's up to Congress to make it right, not us". I hope that as these cases increase in number and the rulings continually kick the can back to Congress, the courts don't find themselves way out of position when a serious civil liberties issue comes to pass.
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Old Jul 11, 18, 11:50 am
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Well that sucks
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Old Jul 11, 18, 2:52 pm
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Pelligrino filed a tort claim; wrong thing to do. Our friend, iflyfast is making slow but steady progress with his Bivens claim. tinyurl.com/yd2nebrp
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Old Jul 11, 18, 3:25 pm
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On the other hand, the reason the TSOs won is because the court found that they are not investigative or law enforcement officers.
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Old Jul 11, 18, 8:37 pm
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According to WaPo article the court compared screeners to meat inspectors. I love it!

Also they put to rest TSA 's claim that screeners are "officers"

ETA: I'm on my Kindle and can't link to the WaPo article.

Last edited by petaluma1; Jul 11, 18 at 8:59 pm
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Old Jul 11, 18, 9:51 pm
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Originally Posted by petaluma1 View Post
According to WaPo article the court compared screeners to meat inspectors. I love it!

Also they put to rest TSA 's claim that screeners are "officers"

ETA: I'm on my Kindle and can't link to the WaPo article.
Here ya go

TSA agents cannot be sued over allegations of abuse, federal court rules
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Old Jul 12, 18, 6:15 am
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“TSA screeners are more like federal meat inspectors than police officers.”
The court also noted that when the TSA was created, the initial job description given to its employees at airport checkpoints was simply “screener.” This was later switched to “transportation security officer” only as a kind of morale booster. In contrast, actual federal law enforcement officers are given the power to execute arrests and carry firearms, the court found.
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Old Jul 12, 18, 6:30 am
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So the courts consider them to be the governments' screening clerks? Litigating successfully against government clerks supposedly performing governmental work at their place of work is difficult everywhere.
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Old Jul 12, 18, 8:17 am
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"“TSA screeners are more like federal meat inspectors than police officers.”"

Which helps explain why they treat travelers as "meat" and not "people", I suppose...
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Old Jul 12, 18, 9:36 am
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So, basically, no accountability whatsoever. Am I missing something?
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Old Jul 12, 18, 2:59 pm
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Originally Posted by yandosan View Post
So, basically, no accountability whatsoever. Am I missing something?
No, you've been succinct in your statement of understanding.
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Old Jul 13, 18, 4:53 pm
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Originally Posted by catocony View Post
This is similar to a number of recent Circuit and/or Supreme Court decisions where the ruling is effectively "it's wrong but it's up to Congress to make it right, not us". I hope that as these cases increase in number and the rulings continually kick the can back to Congress, the courts don't find themselves way out of position when a serious civil liberties issue comes to pass.
The courts are correct on calling on Congress to make laws, as that is how the government is supposed to work.

One of the judiciary's main purposes, however, is to make sure civil rights aren't violated, regardless of each situation's seriousness.

Since Congress is too polarized to get 60 votes to pass new laws, the result is the courts needing to overstep their intended boundaries to get anything done. With this ruling, the courts giving immunity to TSA workers is basically legislating from the bench. Nowhere is there a law written by Congress and signed by the president that says the courts are allowed to give immunity to TSA workers.
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