About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (November 14, 2019)

handle is hein.crs/govearm0001 and id is 1 raw text is: ACongressional ______ *aResearch Service informing the I gislative d bate since 1914___________________ Is a TSA Screener a Law Enforcement Officer? Court Allows Lawsuit Against United States to Proceed November 14, 2019 According to a complaint that air traveler Nadine Pellegrino filed in 2009 against the United States in federal court, several Transportation Security Officers (TSOs) working for the Transportation Security Administration (TSA) detained Pellegrino, damaged her property, and fabricated criminal charges against her after she attempted to pass through a security checkpoint at Philadelphia International Airport in 2006. In relevant part, Pellegrino's complaint demanded monetary compensation from the federal government under the Federal Tort Claims Act (FTCA). After a divided panel ofjudges of the U.S. Court of Appeals for the Third Circuit (Third Circuit) initially ruled that one of the FTCA's provisions barred Pellegrino from pursuing her claims, the Third Circuit voted to rehear the case as a full court. Then, last August, a majority of the participating judges concluded-contrary to the panel's determination-that Pellegrino's suit could proceed. The Pellegrino case is noteworthy for several reasons. For one, the court's competing opinions reflect judicial disagreements over how to interpret statutes governing private lawsuits against the federal government. More specifically, the Third Circuit's holding could also render the government liable not only for tortious acts committed by TSOs, but also for unlawful actions committed by other federal employees who perform similar duties. To inform Congress of the Pellegrino decision's potential legal, policy, and financial consequences, this Sidebar (1) describes the law governing when a plaintiff may pursue tort litigation against the United States, (2) explains how the Third Circuit applied those laws in Pellegrino, and (3) identifies potential considerations for Congress. Sovereign Immunity and the Federal Tort Claims Act The doctrine of sovereign immunity ordinarily bars private parties from suing the United States without the government's consent. To enable persons injured by the federal government to obtain recourse, however, Congress has waived the United States' immunity from certain lawsuits. As relevant here, the FTCA enables plaintiffs to pursue certain state law tort claims against the federal government. For instance, depending on the circumstances, a plaintiff injured by a federal employee's negligence may sue the United States under the FTCA for monetary compensation. Congressional Research Service https://crsreports.congress.gov LSB10363 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most