TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, July 13, 2018

3d Cir: TSA Screeners Not Law Enforcement Under FTCA; Claim Barred by Sovereign Immunity

In a case of first impression at the circuit level, the Third Circuit ruled that TSA screeners are not law enforcement officers under the Federal Tort Claims Act; claims related to their conduct are barred by sovereign immunity:

In a statement, U.S. Attorney William M. McSwain said he is pleased with the decision.

“Through the Federal Tort Claims Act, Congress sought carefully to balance the federal government’s sovereign immunity and duty to protect taxpayer dollars against the need to provide a remedy for plaintiffs in certain cases,” McSwain said. “The court rightly concluded that Congress did not provide for suits against the government for the acts of federal employees, including Transportation Security Administration Officers, who are not empowered by law with traditional law enforcement responsibilities.”

Lizzy McLellan of The Legal Intelligencer has the story.

https://lawprofessors.typepad.com/tortsprof/2018/07/3d-cir-tsa-screeners-not-law-enforcement-under-ftca-claim-barred-by-sovereign-immunity.html

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