cvflyer

With all the uproar over the nude-o-scans and the groping, has anyone filed a lawsuit against the TSA yet? I figure there's got to be a case, whether it's over privacy, health, or constitutional issues.

Wimpie

Yes, epic.org has filed a lawsuit, and it is expected in court in December.
Check out details at http://epic.org/privacy/body_scanner...n_of_body.html

From a blog on the New York Times:

by David Young, Los Angeles

My sentiments exactly!^

sobetraveler

Seems to be that lawyers used to handling accident victim cases, and sexual assault/harassment cases, could do a good thing for our country and volunteer their time, on a contigency-fee basis, to sue TSA, airports, etc., on behalf of some of these victims...

I see ads on TV... "Do you feel like you were inappropriately touched by TSA? Did it leave you shaking, anxious, violated, uncomfortable? Do you wish it didn't happen? Are you having a hard time forgetting it? Are you angry? Do you want to protect your loved ones from similar touching? Contact Barry Suesalot at 1-800-675-9000"

Or something like that. Get the courts involved, this will violate most good judges' consciences and juries as well.

cvflyer

Yes, I couldn't agree more; they are way out of bounds. It'll be interesting to see how the lawsuit shakes out. Thanks for the link. I'll be keeping an eye on this.

FLYGVA

I have merged the thread asking about lawsuits and one asking for lawyers dealing with this issue into one thread.
The topic is similar and facing the same issue.

Thank you
FLYGVA

ediemac1

http://www.witn.com/home/headlines/N...111301269.html

"A Durham lawyer and his family are suing the Transportation Security Administration over its security screening procedures, claiming the process violates their rights.

Jonathan Blitz filed suit in federal court in Raleigh on Friday on behalf of himself, a woman named Marla Tuchinsky and their child.

In his lawsuit, Blitz says Tuchinsky refused to walk through full-body scanners on two occasions at Raleigh-Durham International Airport. On both occasions, she was given a pat-down by TSA employees, which the lawsuit says caused humiliation and emotional distress.

Blitz says the heightened security measures are a violation of the family's Fourth Amendment rights.

A TSA spokesman declined to comment on the lawsuit, but said the security procedures are there for the safety of travelers."

Pluma

Could these lawsuits backfire?
What if the courts rule that the TSA is within their rights to do the pat downs?
Just by hearing the sentiments of the average person, "Anything is OK if it keeps us safe", maybe the courts will see it the same way.

Who will be actually in court to defend the TSA? Their lawyers only?

Sorry to say this, but I really do not have much faith in our court system. It sold out long ago.

myadvice

Serious question: What other law abiding option besides court action do you see stopping this madness? Convince a veto-proof majority in congress? Convince the guy in the oval office?

PTravel

Most of the lawyers who do those kind of cases, (1) seldom go to court, (2) never go to federal court, (3) practice "phone law," through proxy paralegals and assistants, and (4) would have more than a little trouble framing a coherent constitutional argument.

This is not to say that there aren't very capable and intelligent practitioners in the area of PI. However, it tends to attract the bottom feeders.

PhlyingRPh

I have a question concerning evidence of checkpoint abuse...

Clearly, there are multiple cameras at most checkpoints and in cases of passenger abuse, presumably a lawyer could request camera footage from the timeframe in question. However, I have often wondered if the TSA has listening devices at checkpoints too. If not, these devices would in some ways be even more useful than the camera's in that they could potentially provide evidence of actual words spoken during an altercation. Would a FOIA request need to be filed in order to find out if listening devices with recorded footage is in fact available?

PTravel

Courts apply a constitutional standard, not a "public sentiment" standard.

Lawyers from the U.S. Justice Department.

Apparently, you know very little about the court system.

This raises an interesting point.

Discovery requests are always defined broadly, e.g. "All documents, regardless of media, which reference, refer or relate to the incident at the checkpoint." "Documents," in turn will be defined to include recordings of any sort. The question isn't how to request this material, but what to do if TSA lies (or invokes SSI). Part of the discovery process involves depositions -- questioning of parties with knowledge, under oath and penalty of perjury, before a court reporter who records the verbatim proceeding. A good lawyer (and I like to think I'm a good lawyer) can usually detect and pursue an evasive or incomplete response -- most people are really very bad at lying. If, in the course of a deposition, the witness reveals the existence of material that is responsive to the discovery request, the lawyer can go to court for an order compelling its production.

SSI is much more difficult to deal with -- there are lots of ways, including in camera inspection by the judge (the judge looks the material over and decides whether it is relevant and admissible), etc. However, most judges abide by the government claim that the material implicates national security.

LuvAirFrance

The lawsuits are a no-lose proposition. If the courts say "the law supports this" then it is clear that the law supporting it must change. But you do need the courts to tell you a change of law is necessary. If the already says the procedures are illegal, only a lawsuit can tell you that.

PhlyingRPh

Thank you for your response PTravel. ^ That clears things up for me.

LuvAirFrance

Funny thought came to me regarding the title. "Where are the lawyers". "We killed them first".