In a bit of good news, U.S. District Judge J. Curtis Joyner of the Eastern District of Pennsylvania ruled that TSA searches would still be subject to Bivens claims brought by a passenger. In a summary of the ruling Judge Joyner stated “Yet the right of a person being screened at an airport to be free of retaliatory actions for speaking out is not diminished by the heightened security interest at airport checkpoints,”.

In short, TSA screeners can be sued for retaliatory actions if a passengers objects to the search or treatment by a screener. This ruling leaves the agency and its workers liable for a host of potential lawsuits by thousands of passengers who have experienced retaliation at the hands of TSA workers.

More can be found at: TSA Officers Can Be Sued Over Baggage Search – Saranac Hale Spencer, The Legal Intelligencer – April 18, 2014

On a less positive note for travelers, on Thursday Justice Antonin Scalia contended in an interview that it is understandable that TSA is allowed to grope you and your child but mysteriously he draws the line when it comes to NSA spying. There was no word on his opinion on the legality of pedophilia but we suspect he would may lean in favor of the child.

Perhaps in the not too distant future, travelers will get legislative relief that restores our 4th Amendment protections and eliminates the blight of TSA on air travel and the reputation of the nation.

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