The Carolina Journal reports:
The 4th U.S. Circuit Court of Appeals has ruled that an airline traveler can pursue a lawsuit claiming she was sexually assaulted during a security screening for a flight from Asheville.
“May people who claim they were assaulted by Transportation Security Administration screeners sue the federal government under the Federal Tort Claims Act? Joining the Third and Eighth Circuits, we hold the answer is yes,” wrote Judge Toby Heytens for the unanimous three-judge panel.
[…]
“This appeal thus comes down to a single controlling question: Are TSA screeners ‘empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law’? If yes, Osmon’s suit may proceed. If no, it may not. We conclude the answer is yes,” Heytens wrote.
Read more at The Carolina Journal.
h/t, Joe Cadillic
I’ve felt sexually molested by airport screening in 1 country of the 25 or so I’ve visited since 2001. At the time, I felt violated, but just wanted to get out from behind the screening curtain with 2 other passengers. When someone squeezes your junk, that’s what I’m calling molestation. In the airport, I’d been “randomly” selected for enhanced screening. That was clear the night before the flight when getting a boarding pass online was prohibited while my 2 travel buddies were able to get theirs. Our flights were purchased by 1 person (a platinum-level FF).
In the USA, I never go through the mm-wave scanners, opting always for a pat down. Same everywhere I can can speak English to avoid the scanners. At AMS, they were a little hostile when I refused, making claims I had no way to research to my satisfaction. After I refused, about 20 other passengers refused too.
Anyway, the TSA pat-down is uncomfortable for both the TSA and me, but it has always been professional and out in public. For sensitive areas, they’ve always used the back of their hands. I think doing these searches in public, surrounded by 500 other people is key.