ABSTRACT

Is a TSA Screener a 'Law Enforcement Officer'? Court Allows Lawsuit Against United States to Proceed [November 19, 2019]   [open pdf - 720KB]

From the Document: "According to a complaint that air traveler Nadine Pellegrino filed in 2009 against the United States in federal court, several Transportation Security Officers (TSOs) working for the Transportation Security Administration (TSA) detained Pellegrino, damaged her property, and fabricated criminal charges against her after she attempted to pass through a security checkpoint at Philadelphia International Airport in 2006. In relevant part, Pellegrino's complaint demanded monetary compensation from the federal government under the Federal Tort Claims Act (FTCA). After a divided panel of judges of the U.S. Court of Appeals for the Third Circuit (Third Circuit) initially ruled that one of the FTCA's provisions barred Pellegrino from pursuing her claims, the Third Circuit voted to rehear the case as a full court. Then, last August, a majority of the participating judges concluded--contrary to the panel's determination--that Pellegrino's suit could proceed. [...] [T]his Sidebar (1) describes the law governing when a plaintiff may pursue tort litigation against the United States, (2) explains how the Third Circuit applied those laws in 'Pellegrino,' and (3) identifies potential considerations for Congress."

Report Number:
CRS Legal Sidebar, LSB10363
Author:
Publisher:
Date:
2019-11-19
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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