Assault?
Jun 9, 2006 | 10:26 pm
#16
Join Date: Aug 2005
Programs: TK*G, UA*S, PC Diamond Amb, Marriott Life Platinum
Posts: 4,717
Originally Posted by red456
She filed a complaint and kept a copy of it, but she wondered to me if she might possibly have an assault case against the screener, whose name and number she obtained (this lady is sharp). I think she might. What say you?
Maybe I'm just too nice in allowing mistakes and accepting apologies?
HTB.
Jun 9, 2006 | 10:43 pm
#17
Join Date: Dec 2004
Programs: AA, WN RR
Posts: 3,122
Originally Posted by ContinentalFan
Is this a State issue? The TSA are federal employees: I don't think there is a jurisdictional issue here.
Jun 9, 2006 | 10:56 pm
#18
Join Date: Dec 2004
Programs: AA, WN RR
Posts: 3,122
Originally Posted by MSY-MSP
True, but there are a number of states that still have the distinction. I cannot remember, but I think the UPC classifies them together as Assault (or is it Assault and Battery). I guess it is time to dust off the old crim law books.
As for soverign immunity, I beleive it comes down to what the state statute says regarding the waiver, and if the Feds actually want to give it up. On the criminal side of things I think the Feds have waived the criminal immunity for acts committed by individuals that commit felony level crimes. However, I believe, and I may be wrong, that before the trial can occur, the waiver must occur. Hence, this would be a royal PITA for the prosecutor, especially when TSA will hide behind SSI so as not to disclose the SOP. It will be darn near impossible to determine if SOP was violated, and what portion of it was violated, which would be key to determine if a waiver of immunity has occured.
As for soverign immunity, I beleive it comes down to what the state statute says regarding the waiver, and if the Feds actually want to give it up. On the criminal side of things I think the Feds have waived the criminal immunity for acts committed by individuals that commit felony level crimes. However, I believe, and I may be wrong, that before the trial can occur, the waiver must occur. Hence, this would be a royal PITA for the prosecutor, especially when TSA will hide behind SSI so as not to disclose the SOP. It will be darn near impossible to determine if SOP was violated, and what portion of it was violated, which would be key to determine if a waiver of immunity has occured.
As to waiver of sovereign immunity, I considered the civil side, in light of 42 U.S.C. section 1983 (denial of civil rights under color of law), rather than in a criminal prosecution.