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Digging a bit more into the links I found this: Instead, the TSA has argued that, even if all of the allegations in Ms. Leuthauser’s complaint are true, the TS
by blindhippo 3y ago
Digging a bit more into the links I found this:
Instead, the TSA has argued that, even if all of the allegations in Ms. Leuthauser’s complaint are true, the TSA and its employees have absolute impunity. Regardless of what “torts”, even rape, TSA checkpoint staff commit against travelers, the government claims that Federal courts have no jurisdiction to hear lawsuits or consider claims against them.
So TSA is claiming immunity for both staff and the agency. I didn't read the actual judgement, but I'm guessing the grandparent comment has that covered.
- gruez 3y agoThat might be a different case. If you look the court's opinion for this case[1], it explicitly says it's not about whether the TSA officer can be sued. >Whether Leuthauser can state a claim against TSO Serrano under Bivens is not at issue in this appeal "Leuthauser" is the plaintiff, "TSO" stands for "Transportation Security Officer" [1] https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/26/22-15402.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/26/2...
- enragedcacti 3y agoBivens is not the only possible way to sue a federal employee individually. I do agree that it isn't what this case is about, but more because it seems both parties and the court are all in agreement that the plaintiff can't sue the officer under federal law (except for the attempted Bivens claim).
- shkkmo 3y agoCorrect, but irrelevant. This particular appear is about suing the USG and specifically about if TSA officers are law enforcement officers for the purpose of a specific law that opens the USG up for liability here.
- wolverine876 3y agoThat's not the opinion for the lawsuit, but for the appeal of one aspect of a the lawsuit. (But I don't know what issues are in the suit itself.)