Lawsuit regarding the "enhanced" patdown process
#1
Original Poster
Join Date: May 2011
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Lawsuit regarding the "enhanced" patdown process
Another legal suit has been filed:
https://nypost.com/2018/08/11/tsa-sc...daughter-suit/
I will hope that this might lead to some shame for our elected officials and unelected bureaucrats.... I will hope, but I won't expect results. I do continue to be angry about the personal and constitutional violations that occur every day. My US representative and US senators have ignored all my calls, emails, etc. Must be nice to be part of the elite who don't have to suffer this abuse.
https://nypost.com/2018/08/11/tsa-sc...daughter-suit/
I will hope that this might lead to some shame for our elected officials and unelected bureaucrats.... I will hope, but I won't expect results. I do continue to be angry about the personal and constitutional violations that occur every day. My US representative and US senators have ignored all my calls, emails, etc. Must be nice to be part of the elite who don't have to suffer this abuse.
#3
Join Date: Nov 2010
Location: Baltimore, MD USA
Programs: Southwest Rapid Rewards. Tha... that's about it.
Posts: 4,332
How far gone are we?
This guy seems less upset about a TSO fondling his junk than about the fact that the TSO fondled his junk in front of his daughter. I guess he'd be okay with a TSO fondling his junk if only it were done in private?
Personally, I think TSOs shouldn't be fondling peoples' junk AT ALL, public or private. In my opinion, such as search is far more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, confined in good faith to that purpose. Hence, it's un-Constitutional and illegal.
Being something of a cynic when it comes to the erosion of our personal liberties and individual rights, I have little hope that this lawsuit will ever even be heard in front of a jury, much less change anything. Given past lawsuit results, I'm sure that the courts will all either deny that they have jurisdiction, or deny that the plaintiff has standing, to hear the case, and it will eventually peter out into nothing.
But I wish luck to anyone trying to halt TSA and DHS's over-reach and abuse of the people.
This guy seems less upset about a TSO fondling his junk than about the fact that the TSO fondled his junk in front of his daughter. I guess he'd be okay with a TSO fondling his junk if only it were done in private?
Personally, I think TSOs shouldn't be fondling peoples' junk AT ALL, public or private. In my opinion, such as search is far more intrusive or intensive than necessary, in light of current technology, to detect weapons or explosives, confined in good faith to that purpose. Hence, it's un-Constitutional and illegal.
Being something of a cynic when it comes to the erosion of our personal liberties and individual rights, I have little hope that this lawsuit will ever even be heard in front of a jury, much less change anything. Given past lawsuit results, I'm sure that the courts will all either deny that they have jurisdiction, or deny that the plaintiff has standing, to hear the case, and it will eventually peter out into nothing.
But I wish luck to anyone trying to halt TSA and DHS's over-reach and abuse of the people.
#4
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,090
What a sad state of affairs when TSA Sexual Assault is so commonplace that it is not only expected but tolerated. Has the screener been placed on leave until the matter is resolved? I don't know but would bet an ice cold cola that the guy is groping other people still. TSA won't even make a statement, must be nice thinking the agency untouchable.
The consequences of TSA misconduct are near nil, the only court a case can be brought in is without jury and there seems to be no legal jeopardy for individual TSA screeners. I would say that is a complete failure of the justice system to let citizens seek justice. I certainly don't think the framers ever visualized a situation where wronged parties had no avenue to seek redress.
Given the complete denial of problems by TSA, DHS, and Congress I see little chance of any changes at TSA in the near term.
Think I will start wearing loose slacks and go commando for my next screenings, might as well present the largest target of opportunity for the screeners.
The consequences of TSA misconduct are near nil, the only court a case can be brought in is without jury and there seems to be no legal jeopardy for individual TSA screeners. I would say that is a complete failure of the justice system to let citizens seek justice. I certainly don't think the framers ever visualized a situation where wronged parties had no avenue to seek redress.
Given the complete denial of problems by TSA, DHS, and Congress I see little chance of any changes at TSA in the near term.
Think I will start wearing loose slacks and go commando for my next screenings, might as well present the largest target of opportunity for the screeners.
#5
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Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,165
What a sad state of affairs when TSA Sexual Assault is so commonplace that it is not only expected but tolerated. Has the screener been placed on leave until the matter is resolved? I don't know but would bet an ice cold cola that the guy is groping other people still. TSA won't even make a statement, must be nice thinking the agency untouchable.
The consequences of TSA misconduct are near nil, the only court a case can be brought in is without jury and there seems to be no legal jeopardy for individual TSA screeners. I would say that is a complete failure of the justice system to let citizens seek justice. I certainly don't think the framers ever visualized a situation where wronged parties had no avenue to seek redress.
Given the complete denial of problems by TSA, DHS, and Congress I see little chance of any changes at TSA in the near term.
Think I will start wearing loose slacks and go commando for my next screenings, might as well present the largest target of opportunity for the screeners.
The consequences of TSA misconduct are near nil, the only court a case can be brought in is without jury and there seems to be no legal jeopardy for individual TSA screeners. I would say that is a complete failure of the justice system to let citizens seek justice. I certainly don't think the framers ever visualized a situation where wronged parties had no avenue to seek redress.
Given the complete denial of problems by TSA, DHS, and Congress I see little chance of any changes at TSA in the near term.
Think I will start wearing loose slacks and go commando for my next screenings, might as well present the largest target of opportunity for the screeners.
1. The TSA is very good at the art of inventing threats that only they can mitigate. Nobody in Congress has ever challenged them, except for the SPOTNik program. What did the TSA do? SPOT became Quiet Skies. Nobody except a courageous Boston Globe reporter has spoken up.
2. Nobody in power cares because they all have bought into ExtortionCheck. They have no idea what happens to the Proletariat who goes through the Nude-o-Scope with its resultant sexual assaults.
3. The current political environment doesn't allow for Congress to deal with real issues.
4. The airlines don't care anymore.
#7
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#8
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The Texas Stand Your Ground Law is a defense to protect oneself in their home, vehicle, or place of work. Not sure if it extends to other places but I recall the words, "place legally to be at" might apply. Would be an interesting case if one was to defend themselves from a sexual assault by a TSA screener. No more force than needed to stop the assault and you can be sure the screener and/orTSA would file charges. Wonder if a person could counter sue in such situation?
#9
Join Date: Jan 2014
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Posts: 878
The Texas Stand Your Ground Law is a defense to protect oneself in their home, vehicle, or place of work. Not sure if it extends to other places but I recall the words, "place legally to be at" might apply. Would be an interesting case if one was to defend themselves from a sexual assault by a TSA screener. No more force than needed to stop the assault and you can be sure the screener and/orTSA would file charges. Wonder if a person could counter sue in such situation?
I think the only way you might be able to prove such intent would be with video showing multiple TSA screeners holding you down and pulling your clothes off. Even then, it might not work. TSA suffered no consequences when a Senator’s teenage niece had her top pulled off, exposing her breasts to the entire screening area.
#10
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Location: DFW
Posts: 28,090
Federal courts have ruled that entering the “secured area” constitutes consent to be screened. The courts have also found to date that anything TSA does as a matter of policy is considered “reasonable.”. So, if you consent to be screened, and then assault the screener, it’s pretty much impossible to claim self defense unless you can somehow prove the screening you received was intended to be an attack.
I think the only way you might be able to prove such intent would be with video showing multiple TSA screeners holding you down and pulling your clothes off. Even then, it might not work. TSA suffered no consequences when a Senator’s teenage niece had her top pulled off, exposing her breasts to the entire screening area.
#11
Join Date: May 2009
Location: South Park, CO
Programs: Tegridy Elite
Posts: 5,678
The American People need to rise up and tell the executive and lesiglative branches that this level of intrusiveness is unacceptable -- period. But, the deck is stacked against us:
1. The TSA is very good at the art of inventing threats that only they can mitigate. Nobody in Congress has ever challenged them, except for the SPOTNik program. What did the TSA do? SPOT became Quiet Skies. Nobody except a courageous Boston Globe reporter has spoken up.
2. Nobody in power cares because they all have bought into ExtortionCheck. They have no idea what happens to the Proletariat who goes through the Nude-o-Scope with its resultant sexual assaults.
3. The current political environment doesn't allow for Congress to deal with real issues.
4. The airlines don't care anymore.
1. The TSA is very good at the art of inventing threats that only they can mitigate. Nobody in Congress has ever challenged them, except for the SPOTNik program. What did the TSA do? SPOT became Quiet Skies. Nobody except a courageous Boston Globe reporter has spoken up.
2. Nobody in power cares because they all have bought into ExtortionCheck. They have no idea what happens to the Proletariat who goes through the Nude-o-Scope with its resultant sexual assaults.
3. The current political environment doesn't allow for Congress to deal with real issues.
4. The airlines don't care anymore.
#12
Join Date: Aug 2012
Posts: 3,526
Federal courts have ruled that entering the “secured area” constitutes consent to be screened. The courts have also found to date that anything TSA does as a matter of policy is considered “reasonable.”. So, if you consent to be screened, and then assault the screener, it’s pretty much impossible to claim self defense unless you can somehow prove the screening you received was intended to be an attack.
I think the only way you might be able to prove such intent would be with video showing multiple TSA screeners holding you down and pulling your clothes off. Even then, it might not work. TSA suffered no consequences when a Senator’s teenage niece had her top pulled off, exposing her breasts to the entire screening area.
contact with Plaintiff's genitals, if any at all, was incidental and occurred through the course of a typical security pat-down.
TSA is too cowardly to use the word genitals, instead using the term "groin area." With women especially "groin area" does not cut the mustard. I would like to see a woman sue the TSA on this very aspect of its SOP.
#13
Join Date: Jan 2014
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#14
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I never said punch, I said no more force than necessary to stop an assault.
#15
Join Date: Dec 2010
Posts: 2,425
And, no, the TSA clerks are NOT free to do as they please in the search.