In a 2-1 ruling, the 3rd Circuit said TSA officers are immune to abuse claims from passengers like Pellegrino. The court reasoned that agency employees are not classified as "investigative or law enforcement officers" under the FTCA, which is the law that enables people to file claims against federal employees.
In his dissent, Judge Thomas Ambro argued that the FTCA's definition of "investigative or law enforcement officers" includes people with the "legal authority" to carry out searches looking for violations of the law. Ambro also noted that it will now be very difficult for victims of TSA abuse to get the justice they deserve. "By analogizing TSA searches to routine administrative inspections, my colleagues preclude victims of TSA abuses from obtaining any meaningful remedy for a variety of intentional tort claims," he wrote.
Writing for the majority, Judge Cheryl Ann Krause noted that the court was "sympathetic to the concerns" the ruling may raise, and recognized that "individuals harmed by the intentional torts" of TSA officers "will have very limited legal redress."
In his dissent, Judge Thomas Ambro argued that the FTCA's definition of "investigative or law enforcement officers" includes people with the "legal authority" to carry out searches looking for violations of the law. Ambro also noted that it will now be very difficult for victims of TSA abuse to get the justice they deserve. "By analogizing TSA searches to routine administrative inspections, my colleagues preclude victims of TSA abuses from obtaining any meaningful remedy for a variety of intentional tort claims," he wrote.
Writing for the majority, Judge Cheryl Ann Krause noted that the court was "sympathetic to the concerns" the ruling may raise, and recognized that "individuals harmed by the intentional torts" of TSA officers "will have very limited legal redress."
TSA Screeners Can't Be Sued for Abuse, Federal Court Rules
The court admits the victims of TSA abuse "will have very limited legal redress."
Joe Setyon|Jul. 12, 2018 9:45 am
https://reason.com/blog/2018/07/12/tsa-screeners-cant-be-held-accountable-f
The court admits the victims of TSA abuse "will have very limited legal redress."
Joe Setyon|Jul. 12, 2018 9:45 am
https://reason.com/blog/2018/07/12/tsa-screeners-cant-be-held-accountable-f
Firing a government parasite is the biggest no-no in the Democrat Party’s rule book written for newly elected Democrats. No rule is needed for parasite bureaucracies. The welfare state erected so many roadblocks to protect parasite bureaucracies it is impossible to shutdown one like the TSA even though it was created to give a bunch of Democrat street bums police authority over decent Americans irrespective of the majority ruling.
Eliminating the TSA will never see the light of day by legislators who are themselves parasites. An occasional feel-good article is as far as it will go:
The problem with the TSA isn't the government shutdown, it's with the TSA itself.
The agency was created in a panic after 9/11, when officials decided to blame private airport screeners for letting terrorists board planes with box cutters.
So, Congress, with the blessing of President Bush, nationalized airport screening and gave birth to the Transportation Security Administration, which has seen its budget climb more than 41% since 2005.
The result has been little short of a disaster of poor performance and wasteful spending.
A recent Government Accountability Office report found that from 2014 through 2016, the TSA handled 45,153 cases of misconduct by employees.
Nearly half — 22,373 — involved "unexcused or excessive absences or tardiness, absence without leave, failure to follow leave procedures." More than 6,000 involved "screening and security offenses." Another 2,703 were for things like sexual misconduct, fighting and abusive language. And 2,562 were for "neglect of duty."
Keep in mind that the TSA employs only about 53,000 people. In other words, each year about a quarter of the TSA's workforce was under investigation for misconduct. And, in typical government fashion, most of those violations (65%) resulted in nothing more than a sternly worded letter. Only 4% of the misconduct investigations led to any employee getting fired, only 9% resulted in a suspension.
Failing Screening Tests
Worse, TSA screeners have repeatedly failed to do their one job: prevent passengers from bringing contraband onto planes.
In 2006, undercover agents were able to get fake bombs past screeners 75% of the time. They were able to do so 96% of the time in a 2015 test. And in 2017, agents were able to beat TSA agents some 80% of the time.
EDITORIALS
After Trump Gets His Wall Funding, He Should Fire The TSA
1/17/2019
https://www.investors.com/politics/editorials/tsa-government-shutdown-trump-airport-security/
Finally, does anyone know how many convicted rapists were given TSA jobs? After Trump Gets His Wall Funding, He Should Fire The TSA
1/17/2019
https://www.investors.com/politics/editorials/tsa-government-shutdown-trump-airport-security/
