Detained by TSA

[Kythas]

Not going into detail about this but wanted a general idea of whether I'll be spinning my wheels or not.

Yesterday I was taking a flight from Boston's Logan Airport back home to DFW. At the gate I was singled out to have my bags searched by the TSA.

Now, I have two bad legs and the weather in New England yesterday had them both screaming at me, so I was in none too good of a mood as it was. I simply wanted to get on the plane and sit down to relieve my legs of the weight.

So I was a bit exasperated at being selected, but put my backpack on the table. I asked the TSA guy if he could please make it quick because my legs were hurting, I was first in the line for a reason, and now all these other people are getting on the plane in front of me which will increase the amount of time I have to stand in pain.

This caused him to actually do things much slower. After asking him to please hurry up several times, he then wanted to check my other carry on item, my ID, and my boarding pass. After complaining to him about this and asking if I was legally required to show him my ID, I asked if he could please hurry up and search through my things so I could get on the plane. He then stated "You're not getting on this plane" and called the police.

Long story short, after asking him if I had broken any laws (no), was I under arrest (no), if I'm not under arrest, can I get my things and get on the plane (no), why am I being detained (wait for the police), was he finished with his search (yes), had he found any prohibited items (no), then can I get on the plane (no), why am I being detained (you have to wait for the police), under what authority are you detaining me (the police will talk to you) the police finally got to the gate and let me get my bags and get on the plane.

I'm seriously considering filing charges against this agent for unlawful arrest, and a possible suit against him and the TSA, as I believe he overstepped his authority as a TSA agent and this was an abuse of power. Any thoughts? Am I wasting my time and money if I do? Specifically, I would file complaints of violation of my Fourth Amendment rights and violation of civil rights under 42 U.S.C. §1983 and the Massachusetts Civil Rights Act (M.G.L. c. 12, sec 11).

[WildBill]

I'm seriously considering filing charges against this agent for unlawful arrest, and a possible suit against him and the TSA, as I believe he overstepped his authority as a TSA agent and this was an abuse of power. Any thoughts? Am I wasting my time and money if I do? Specifically, I would file complaints of violation of my Fourth Amendment rights and violation of civil rights under 42 U.S.C. §1983 and the Massachusetts Civil Rights Act (M.G.L. c. 12, sec 11).

Sorry for your bad experience and treatment by the TSA. My opinion is that you would be wasting your time and money to persue this. It is too bad, but that's the way it is IMO. You may contact an attorney, but they would probably tell you the same thing.

[DONT TREAD ON ME]

At the very least contact TSA and make a formal complaint against him.

[WildBill]

At the very least contact TSA and make a formal complaint against him.

It's usually a good idea to give feedback when you are not satified with the service or performance of any government agency or private company. Positive feedback is also a good idea.

[mamabearCali]

At the very least contact TSA and make a formal complaint against him.

If you have the time and means to pursue a claim against the TSA I would say go for it. If they were held accountable for their doings they might be a little more careful on how they treat people. Even the police are not above the law (can't detain you without some reason to do so). I am not a lawyer of course, but if it were me I might go and talk to one and see if anything can be done.

[sjfcontrol]

At the very least contact TSA and make a formal complaint against him.

It's usually a good idea to give feedback when you are not satified with the service or performance of any government agency or private company. Positive feedback is also a good idea.

Yeah, I bet the TSA gets a LOT of that. Probably right up there with positive feedback to the IRS!

[b322da]

Just to show that this group is not unanimous here, if I were a TSA agent with the statutory auhority this person no doubt had, and a passenger approached me with the attitude you have admitted to, I would have done exactly the same thing as was done to you. No question in my mind about this. You would not have gotten on that airplane without a thorough inspection and clearance by an LEO, and perhaps not in any event. The attitude you demonstrated had undoubtedly been a part of his training. You fit the classic picture of a potential serious problem, and in my opinion he did his duty.

Lots of luck with any appeal.

Elmo

[mamabearCali]

Just to show that this group is not unanimous here, if I were a TSA agent with the statutory auhority this person no doubt had, and a passenger approached me with the attitude you have admitted to, I would have done exactly the same thing as was done to you. No question in my mind about this. You would not have gotten on that airplane without a thorough inspection and clearance by an LEO, and perhaps not in any event. The attitude you demonstrated had undoubtedly been a part of his training. You fit the classic picture of a potential serious problem, and in my opinion he did his duty.

Lots of luck with any appeal.

Elmo

Perhaps you can enlighten me...a gentleman with leg problems fits the description of a terrorist? As I understand it the TSA's job is to keep dangerous people and items off planes--not to ferret out those of us that do not submit well to their current polices and make our lives miserable when we have no other option but to use air travel. "A potential serious problem" is not the gentleman that can't stand for long periods of time and requests due to discomfort that the TSA expedite their procedure, nor is it the mentally disabled man with a toy hammer. If the officials in the TSA can't see that perhaps they need to revisit their training.

[jmra]

What did the police do/say? If you felt that you were illegally being held against your will the time to file a complaint would have been when the LEO's showed up.

The best course of action at this point (I believe) would be to contact your congressman.

[philip964]

A better tact for you rather than to ask the TSA agent to hurry up, would be to say "I am disabled, can someone get a chair for me to sit in" (this tact would also work better with a custom's agent too)

Failure to provide reasonable accommodations to the disabled (which you are, by the way, as you have difficulty standing) is a violation of your civil rights and Federal Law. (but of course, so is going through your luggage without a warrant) Unless you have some outward appearance of being disabled, the TSA agent would have no idea you were disabled, unless you told him. You did tell him your legs were hurting, so you did somewhat give him a clue you were disabled, but sometimes you need to use the right words.

If he then did not provide reasonable accommodations for you, he would have violated federal law and I suspect could be disciplined or fired and your complaint letter would be treated much differently.

If you have not written your letter yet, you may want to make mention of your disability and of this violation of the Americans With Disability Act Title II and for their failure to provide reasonable accommodations for you during this prolonged second inspection of your luggage.

But in the end, the only thing writing the letter will do is make you feel better. I mean after all, the head of ATF is n't even resigning.

[tacticool]

I think I know that guy.

TSA.jpg (9.64 KiB) Viewed 2522 times

[Mr.ViperBoa]

Its too bad you didnt get your phone cam recording. TSA youtube videos are getting a lot of attention

[chasfm11]

Its too bad you didnt get your phone cam recording. TSA youtube videos are getting a lot of attention

I'm pretty sure that the OP would have been over the barrel on this. The Youtube recordings are almost always made by a third party because TSA separates you from everything to go through the metal detector. If they deem that you need to be searched further, as I have been several times at several different airports, you are not permitted to touch anything while the search is conducted. I'll admit that it has been a year or more since my last search (because it has been that long since I flown) so policies may have changed.

I would agree that it was probably not the best strategy to press the "hurry up" button. I would have gone into my best Drama Queen routine and claimed that I was in pain and might collapse on the floor if I couldn't sit down. A little "the doctor told me not to try to stand this long" might have punctuated the routine. My experience with all government types is that the more in a hurry you are, the less in a hurry they are. DMV, IRS, etc. Anyone who doesn't believe that many of these types of people love squashing the little bugs under their toes must have have dealt with different bureacrats that I have. I would never dream of asking an LEO to hurry with anything. I don't see the TSA any differently in that regard.

[XnTx]

Its too bad you didnt get your phone cam recording. TSA youtube videos are getting a lot of attention

They might have tried to file interference with official duties charges. That seems to be the trend now. We can watch you, but you cannot watch us. No, I don't think I'm paranoid. I know I am.