Outrageous Behaviour by TSA
Oct 23, 2007 | 1:00 pm
#31
Join Date: Dec 2004
Programs: HP/US Gold, Hilton Gold, Starwood Gold
Posts: 711
Thank you to those of you who responded appropriately. I appreciate all the input. Since I'm an on-air meteorologist I don't think I want to draw any media attention to myself, but I will be drafting the appropriate letters w/in the next couple of days. I also want to be clear that I loathe the fact that we have become a litigation-happy nation, the only reason I even considered legal procedures was for safety reasons. This guy could kill someone, seriously.
Again, thanks for all the input.
n198ua
Again, thanks for all the input.
n198ua
It's a perfect sweeps story...
and I'm not kidding either
LV (who has worked in news longer then I care to admit)
Oct 23, 2007 | 1:21 pm
#32
Join Date: May 2007
Location: Bansko, Bulgaria
Programs: Hyatt Globalist
Posts: 1,260
Believe me I agree with you! (see my earlier post) But there are so many people who feel that if you do as you are told you have nothing to worry about.... the media seems to lean that way most days (think FOX).
Oct 23, 2007 | 1:26 pm
#33
Join Date: Sep 2003
Location: Houston
Posts: 8,957
You should also request that the tape of the incident from the security cameras be saved so as to prove up your contention. You need to do that sooner rather than later. Otherwise it is very easy for the TSA to deny that the incident happened.
Oct 23, 2007 | 3:08 pm
#35
Original Poster
Join Date: Nov 2006
Location: DSM, BKK or anywhere with an airport
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Oct 23, 2007 | 3:24 pm
#36
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
What the TSO did was, technically, an assault -- you were placed in fear of an imminent, unpermitted offensive contact. Should you sue? No -- aside from a few moments of fear, you have no damages.
However, next time something like that happens, call for a LEO immediately. The moron TSO could have sent you to the hospital or even killed you. Assault is assault and, once told that you had a pacemaker, he had absolutely no business approaching you with the wand -- waving that wand at you was no different than waving a knife or pointing a loaded gun. If it was me, I'd have pressed charges. At minimum, that idiot should be fired. I think he should have been arrested.
However, next time something like that happens, call for a LEO immediately. The moron TSO could have sent you to the hospital or even killed you. Assault is assault and, once told that you had a pacemaker, he had absolutely no business approaching you with the wand -- waving that wand at you was no different than waving a knife or pointing a loaded gun. If it was me, I'd have pressed charges. At minimum, that idiot should be fired. I think he should have been arrested.
Oct 23, 2007 | 4:02 pm
#37
Join Date: Jan 2005
Programs: DL Platinum, Marriott Platinum, Hilton Silver, Hertz 5 Star Gold
Posts: 287
Had this happened in CVG or LEX, I would have pressed charges accordingly:
KRS 508.060 Wanton endangerment in the first degree.
(1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.
(2) Wanton endangerment in the first degree is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 70, effective January 1, 1975.
What would likely happen is that they would drop it to Wanton endangerment in the second degree, which is a Class A misdemeanor. But I bet you could make this one stick.
KRS 508.060 Wanton endangerment in the first degree.
(1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.
(2) Wanton endangerment in the first degree is a Class D felony.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 70, effective January 1, 1975.
What would likely happen is that they would drop it to Wanton endangerment in the second degree, which is a Class A misdemeanor. But I bet you could make this one stick.
Oct 23, 2007 | 4:32 pm
#38
Suspended
Join Date: Jul 2007
Programs: AAdvantage, SkyMiles, USAir, Singapore, BA
Posts: 602
Go for it. Find out what statutes cover both these cretins' actions, and see if you can sock it to them. Felony would be great, but a misdemeanor with enough press coverage would be almost as good.
Can you imagine the chastising effect such a case would have on the entire TSA clown show? I'm really tired of the public being pushed around the way reports on this forum prove.
Get those tapes subpoenaed and under evidentiary rules NOW!
Can you imagine the chastising effect such a case would have on the entire TSA clown show? I'm really tired of the public being pushed around the way reports on this forum prove.
Get those tapes subpoenaed and under evidentiary rules NOW!
Oct 23, 2007 | 7:35 pm
#39
Join Date: Aug 2006
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Oct 23, 2007 | 8:36 pm
#40
Join Date: Aug 2004
Posts: 4,704
What the TSO did was, technically, an assault -- you were placed in fear of an imminent, unpermitted offensive contact. Should you sue? No -- aside from a few moments of fear, you have no damages.
However, next time something like that happens, call for a LEO immediately. The moron TSO could have sent you to the hospital or even killed you. Assault is assault and, once told that you had a pacemaker, he had absolutely no business approaching you with the wand -- waving that wand at you was no different than waving a knife or pointing a loaded gun. If it was me, I'd have pressed charges. At minimum, that idiot should be fired. I think he should have been arrested.
However, next time something like that happens, call for a LEO immediately. The moron TSO could have sent you to the hospital or even killed you. Assault is assault and, once told that you had a pacemaker, he had absolutely no business approaching you with the wand -- waving that wand at you was no different than waving a knife or pointing a loaded gun. If it was me, I'd have pressed charges. At minimum, that idiot should be fired. I think he should have been arrested.
Oct 23, 2007 | 9:31 pm
#41
Join Date: Jun 2007
Posts: 966
I've heard it said, repeatedly, that "Ignorance of the law is no excuse." This should, in a country like ours, apply to agents of the State AT LEAST as much as to us lowly little peons.
Oct 23, 2007 | 9:38 pm
#43
Join Date: Apr 2007
Location: USA
Programs: AAdvantage, MileagePlus, SkyMiles
Posts: 4,338
How awful. Don't let that stupid guy bully you- tell the airline, TSA, and your Congressperson. Did you take his name? I hope you did.
This kind of behavior is AWFUL. So sorry you had to go through this...
Andrew
This kind of behavior is AWFUL. So sorry you had to go through this...
Andrew
Oct 23, 2007 | 9:44 pm
#44
Join Date: Mar 2006
Posts: 253
So what is the legal term for a wrongful interaction that has a substantial possibility of serious harm or lethality to an innocent person? I mean, are we talking criminal negligence, wanton endangerment, what? The TSO could have *KILLED* the OP, due to his own ignorance of what he was REQUIRED to do.
I've heard it said, repeatedly, that "Ignorance of the law is no excuse." This should, in a country like ours, apply to agents of the State AT LEAST as much as to us lowly little peons.
I've heard it said, repeatedly, that "Ignorance of the law is no excuse." This should, in a country like ours, apply to agents of the State AT LEAST as much as to us lowly little peons.