A federal appeals court sided with Transportation Security Administration personnel Wednesday in a decision that blocks airplane passengers from suing security checkpoint screeners for inappropriate or invasive activity that takes place during those procedures.
The 3rd U.S. Circuit Court of Appeals in Philadelphia sided with TSA in a 2-1 vote and said only Congress has the authority to ratify the Federal Tort Claims Act, which outlines procedures for civil wrongs that can result in damages.
The two judges who sided with TSA stated agents were protected by government sovereign immunity because they were not “investigative or law enforcement officers.”
Nadine Pellegrino, a business consultant from Boca Raton, Fla., had sued TSA for false arrest, false imprisonment, and malicious prosecution following a July 2006 incident at Philadelphia International Airport.
Pellegrino alleged that while traveling with her husband in 2006, she was randomly selected for additional screening. She took issue with the request and was later arrested, then jailed for approximately 18 hours, according to court documents Reuters reviewed.
Pellegrino was charged, but acquitted in March 2008.
