TSA pat-down agent hollers: 'Hey, I thought she was mine! I

[jordanmills]

Remember that there are bills in the house to criminalize the groping and cancer scanners. HB 1937 and HB 1938. Both were introduced this week and are in committee. Write your reps, call the committee members.

http://www.legis.state.tx.us/BillLookup ... ill=HB1937" onclick="window.open(this.href);return false;

http://www.legis.state.tx.us/BillLookup ... ill=HB1938" onclick="window.open(this.href);return false;

[OldSchool]

All right all you legal eagles. If this really were to happen couldn't that TSA agent be charged with sexual harassment? And for the coup de gras, sexual harassment of a minor?

IANAL:

The issue is that since it is a federal employee on the job, I believe he would have to be charged in federal court. The feds tend to protect their own. I also don't know if a Bivens action would be successful with the facts as they stand now (ie her rights weren't violated enough).

Now if he were able to be charged in state court there would be a much better chance of success. From what I hear, most airport LEOs (who are usually local, not federal) would love to have a chance to testify against most TSOs.

No, TSA screeners are not "Feds," they are contractors (in general). In truth, it's usually easier to bring any kind of charges against a civil servant than just about anyone else (certainly much easier to dismiss a CS for even the appearance of sexual harassment). For some reason,though, I haven't heard much about TSA screeners being charged. Either I'm not paying attention, or it's something about the HS Act.

[joelamosobadiah]

All right all you legal eagles. If this really were to happen couldn't that TSA agent be charged with sexual harassment? And for the coup de gras, sexual harassment of a minor?

IANAL:

The issue is that since it is a federal employee on the job, I believe he would have to be charged in federal court. The feds tend to protect their own. I also don't know if a Bivens action would be successful with the facts as they stand now (ie her rights weren't violated enough).

Now if he were able to be charged in state court there would be a much better chance of success. From what I hear, most airport LEOs (who are usually local, not federal) would love to have a chance to testify against most TSOs.

No, TSA screeners are not "Feds," they are contractors (in general). In truth, it's usually easier to bring any kind of charges against a civil servant than just about anyone else (certainly much easier to dismiss a CS for even the appearance of sexual harassment). For some reason,though, I haven't heard much about TSA screeners being charged. Either I'm not paying attention, or it's something about the HS Act.

Very few TSA screeners are contractors. The vast majority of them are federal employees.

[Slowplay]

No, TSA screeners are not "Feds," they are contractors (in general). In truth, it's usually easier to bring any kind of charges against a civil servant than just about anyone else (certainly much easier to dismiss a CS for even the appearance of sexual harassment). For some reason,though, I haven't heard much about TSA screeners being charged. Either I'm not paying attention, or it's something about the HS Act.

joelamosobadiah is correct, TSA is a government entity.

The reason you might not be hearing much about TSA employees being charged is due to their status as federal employees and their Federal Tort Claims Act (FTCA) protection. Government employees have qualified immunity under the FTCA. Generally, a suit against a TSA federal employee related to their conduct during a security checkpoint would be defended by the feds (Holder's DOJ attorneys) and the feds would "substitute" themselves as the defendant. The TSA employee would have to be acting significantly beyond their job scope for the qualified immunity to be lost under FTCA. They are covered as long as they're doing what they were trained or instructed to do (performing work related acts).

[philip964]

Went thorough one of those new machines. They were only picking men to go thorough, my wife went through the regular "pulse induction metal detector". Line was over an hour long at Hobby
due to the new machine. Now I will need to arrive two hours ahead of time.

Anyway it is different than the "pulse induction metal detector". She asked if I had everything out of my pockets and repeated everything. I said I had kleenex in my pocket. She said it must be taken out and put in the dish with my wallet keys etc. Yes your wallet goes in the dish. I never like getting separated from my wallet. Then she asked if I had any lint in the bottom of my pockets and I said yes and she said that had to come out too. So the lint and dust bunnies went into the dish.

With all that over I stepped into the plexiglas room and had to stand with my arms out. Then an vertical arm made a quick sweep of the plexiglass room and I was told to come out the other side.

I was now reunited with my awol wallet, however despite my thoughts, it was not over, it was just starting. Since it is not an "pulse induction metal detector" it must not do well with metal, it is looking for plastic explosives, thus the lint problem. So I got patted down and then they needed to look behind my belt, since I had not removed it. Then we started on my wallet. It had not been xrayed or nuked so I could still have a knife or explosives in it. In front of me with me watching they took my wallet and searched its contents. Yeah completely looking deep inside where you keep your cash. By then the tech in some far off room who got to see my junk, relayed to them I was ok and I was told I could go.

The TSA employees were all very nice and professional.

I stopped flying from Houston to Austin after 911, I will now stop flying between Houston and Dallas as with so much time spent doing this, I could drive.

With so many people now densely packed in lines at the terminal waiting to get "pulse induction metal detected" or nuked, I suspect this is where the terrorists will strike next.

Happy traveling everyone.

Note: xray was replaced with the words "pulse induction metal detector", here all this time I thought it was an xray machine.

[jordanmills]

They don't have any x-ray machines for people at hobby, dude.

[karl]

That huge thing that looks like an x-ray machine isn't an x-ray machine?

http://abclocal.go.com/ktrk/story?secti ... id=7845074" onclick="window.open(this.href);return false;

http://www.chron.com/disp/story.mpl/bus ... 28515.html" onclick="window.open(this.href);return false;

[jordanmills]

That huge thing that looks like an x-ray machine isn't an x-ray machine?

http://abclocal.go.com/ktrk/story?secti ... id=7845074" onclick="window.open(this.href);return false;

http://www.chron.com/disp/story.mpl/bus ... 28515.html" onclick="window.open(this.href);return false;

Which huge thing? Are you talking about the grey plastic and plexiglass things they make people stand in? Those are MMW scanners, they use microwaves, not x-rays. They're still damaging and a huge invasion of privacy, of course, but they're not x-ray. There are no x-ray machines used on people anywhere at Hobby.

[karl]

I see. I mistakenly assumed the new scanners were in fact x-ray.

[jordanmills]

I see. I mistakenly assumed the new scanners were in fact x-ray.

He said he went through one of the new machines (I assumed he meant the new MMW machine and just wasn't sure what to call it) and his wife went through the "regular x-ray machine" (which got me all kinds of confused, because hobby has never had x-ray machines for people). I kinda want to know what he's talking about.

[Slowplay]

There are no x-ray machines used on people anywhere at Hobby.

Yet!! People that don't fly a lot or don't get caught up in the details wouldn't know the difference between milliwave and backscatter (x-ray imaging device).

Most airports I fly through have milliwave. I prefer to not be exposed to either backscatter or milliwave.

[jordanmills]

There are no x-ray machines used on people anywhere at Hobby.

Yet!! People that don't fly a lot or don't get caught up in the details wouldn't know the difference between milliwave and backscatter (x-ray imaging device).

Most airports I fly through have milliwave. I prefer to not be exposed to either backscatter or milliwave.

That's why you call them all naked cancer scanners or something similarly generic and fight them all the same. They're both damaging, and both an absurd invasion of privacy, and we need HB 1938 to pass so we can easily send operators of them to jail.

[Slowplay]

He said he went through one of the new machines (I assumed he meant the new MMW machine and just wasn't sure what to call it) and his wife went through the "regular x-ray machine" (which got me all kinds of confused, because hobby has never had x-ray machines for people). I kinda want to know what he's talking about.

It's likely his wife went through the traditional walk through metal detector (WTMD).

[Slowplay]

Only problem is the feds will claim supremacy clause and use the Federal Tort Claims Act to get State charges against TSA employees dismissed or moved to federal court. IMHO.

[TLE2]

I know for a fact that even when I am in full compliance to the stowage and requirments to declare a firearm in my "checked" bag...I will be subjected to the full force of the TSA for doing so...

Actually, the last time I flew out of Hobby with a firearm, the agent at the counter didn't even ask me to unlock the case it was in. She accepted my description. To top it off, when I flew back into Hobby from another airport, I flew back with a pocket knife. I put it on the tray, and they scanned it right through. (I was glad too because it was a Christmas present).