Analysis

TSA's 'Enormous Liability' Over 3rd Circ. Ruling Is Overblown

Law360 (September 13, 2019, 7:01 PM EDT) -- The full Third Circuit's recent ruling that abusive Transportation Security Administration officers can't assert immunity for certain claims of wrongdoing under federal law is a big win for travelers, but concerns that the federal government potentially faces "enormous liability" are unfounded, experts said.

The en banc appeals court held on Aug. 30 that TSA officers fall within a provision of the Federal Tort Claims Act exempting "investigative or law enforcement officers" from sovereign immunity for wrongdoing, including assault, false imprisonment and false arrest.

The 9-4 decision revived a suit filed by a Florida woman, Nadine Pellegrino, who said she was falsely...

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