Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

TSA screeners win immunity from flier abuse claims: U.S. appeals court

reuters.com

Post reply on HN
Print view View original

31–40 of 140 posts

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#31

Post by rayiner »

binarymax wrote: post #28
rayiner wrote: post #4

The opinion is here (should be up on the CA3 website later today): http://s000.tinyupload.com/index.php?file_id=310762278918844... . The relevant discussion starts at 12-13. The gist of the suit is this: Ordinarily, you cannot sue the federal government (sovereign immunity). The Federal Tort Claims Act (FTCA), broadly waives sovereign immunity for tort claims. An exception to that waiver of immunity is where the agen…

If they are not law enforcement, can you actively resist arrest and detainment with self defense?

TSA screeners are not authorized to make arrests or use force in the course of their duties. They will, however, call airport police, who are law enforcement officers, to do those things.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#32

Post by jacquesm »

ihsw2 wrote: post #16
clubm8 wrote: post #6

Earlier quoted context omitted.

>* The best interaction I ever had with the TSA was when I came upon a pair openly wearing their uniforms around a grocery store, so I was able to call them fascist child molesters right to their faces.* I'm no fan of the TSA, but do you think that was productive? Maybe direct your ire at the people at the top who make these policies instead. There's been progress on that front with several Trump administration offic…

> There's been progress on that front with several Trump administration officials confronted while dining for example. Normalizing the harassment of elected officials is dangerous and it puts us on a direct path towards politically-motivated random acts of violence.

You mean like when the now president of the United States did it?

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#33

Post by jtbayly »

larrik wrote: post #12

I don't understand, shouldn't them not functioning as “investigative or law enforcement officers” expose them to more liability, not less ??

Yes, if it wasn't for another law that protects federal employees in general doing their job from being sued for... doing their job.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#34

Post by AlexandrB »

existencebox wrote: post #11
clubm8 wrote: post #6

Earlier quoted context omitted.

>* The best interaction I ever had with the TSA was when I came upon a pair openly wearing their uniforms around a grocery store, so I was able to call them fascist child molesters right to their faces.* I'm no fan of the TSA, but do you think that was productive? Maybe direct your ire at the people at the top who make these policies instead. There's been progress on that front with several Trump administration offic…

First, and more clearcut, I don't think ire should be limited. Those who voluntarily participate in enforcing the current system are not exempt from the fallout of their choices any more than much of HN would suggest engineers be exempt from the ethical decisions of our employment. Look recently, people are saying Microsoft employees should quit because MS sells office products to ICE. If that's the line in the sand…

> Turns out all this was over a pair of nail clippers the wife forgot she had packed...

Nail clippers are not allowed now!? I fly with nail clippers all the time (including to/from the US) and have never had an issue. Looking at the TSA site, nail clippers are explicitly permitted as well [1]. Was the agent actively looking to hassle you?

[1] https://www.tsa.gov/travel/security-screening/whatcanibring/...

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#35

Post by baybal2 »

binarymax wrote: post #28
rayiner wrote: post #4

The opinion is here (should be up on the CA3 website later today): http://s000.tinyupload.com/index.php?file_id=310762278918844... . The relevant discussion starts at 12-13. The gist of the suit is this: Ordinarily, you cannot sue the federal government (sovereign immunity). The Federal Tort Claims Act (FTCA), broadly waives sovereign immunity for tort claims. An exception to that waiver of immunity is where the agen…

If they are not law enforcement, can you actively resist arrest and detainment with self defense?

>If they are not law enforcement, can you actively resist arrest and detainment with self defense?

There is a substantiated legal opinion that DHS men are not law enforcement officers, and thus you can. I wonder, if anybody actually tried.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#36

Post by cglace »

mindslight wrote: post #2

The best interaction I ever had with the TSA was when I came upon a pair openly wearing their uniforms around a grocery store, so I was able to call them fascist child molesters to their faces.

And you accomplished nothing. . .

Seriously, most of these people are not "fascist child molesters" and probably already hate their job. Congrats on making them view the general population as people they detest a little more.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#37

Post by AlexandrB »

DamnYuppie wrote: post #14
clubm8 wrote: post #6

Earlier quoted context omitted.

>* The best interaction I ever had with the TSA was when I came upon a pair openly wearing their uniforms around a grocery store, so I was able to call them fascist child molesters right to their faces.* I'm no fan of the TSA, but do you think that was productive? Maybe direct your ire at the people at the top who make these policies instead. There's been progress on that front with several Trump administration offic…

> There's been progress on that front with several Trump administration officials confronted while dining for example. No there hasn't. It just makes everyone think these are petulant children. They ask for respect and equality of others but don't wish to give it to anyone who doesn't agree with their ideology.

What's funny about your comment is that it's ambiguous whether you're calling the Trump officials or the protestors yelling at them petulant children.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#38

Post by bilbo0s »

instaheat wrote: post #27
existencebox wrote: post #11

Earlier quoted context omitted.

First, and more clearcut, I don't think ire should be limited. Those who voluntarily participate in enforcing the current system are not exempt from the fallout of their choices any more than much of HN would suggest engineers be exempt from the ethical decisions of our employment. Look recently, people are saying Microsoft employees should quit because MS sells office products to ICE. If that's the line in the sand…

I would have taken that opportunity to throw up on the agent.

I think you may be underestimating the number of agents who have been thrown up on. (And the number who have had to call for cleanups for vomit that did not land on them, and medical personnel for the ill traveler, is even larger.) The thing is though, that's what they signed up for. If they can't handle vomit, they should look for another job.

From a certain point of view, it's better for the TSA agent to be soiled with vomit than it is to allow a potentially contagious passenger on what may be a very long flight.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#39

Post by ihsw2 »

jacquesm wrote: post #32
ihsw2 wrote: post #16

Earlier quoted context omitted.

> There's been progress on that front with several Trump administration officials confronted while dining for example. Normalizing the harassment of elected officials is dangerous and it puts us on a direct path towards politically-motivated random acts of violence.

You mean like when the now president of the United States did it?

There is a difference between exercising your freedom of speech and the social justice warrior crusading that the parent commenter is advocating.

Nobody is above criticism, that much is certain, but we shouldn't cross the River Styx into a world where random acts of violence is the preferred method of political expression.

Re: TSA screeners win immunity from flier abuse claims: U.S. appeals court

#40

Post by mnm1 »

So in other words not only can the tsa arrest and likely even beat, shoot, and kill you, but as a citizen you have no recourse, not even the recourse you would have against normal police. In other words, they truly are above the law even more so than police. Please tell me I misunderstood this article. I'd like to know how this lady got arrested. Shouldn't they just have kicked her out of the airport instead? Or did they know they would not be held responsible and just went ahead and kidnapped her anyway?
Post reply on HN