Ruskai v. Pistole, No. 12-1392 (1st Cir. 2014)
Annotate this CaseUnder current Transportation Security Administration (TSA) security protocols, some passengers cannot pass through some security checkpoints in U.S. airports without submitting to a standard pat-down, which includes security officials touching areas around the groin and breasts to look for concealed metallic and nonmetallic weapons. Plaintiff, whose job requires her to fly frequently, has had at least one metallic joint replacement and is often subject to the standard pat-down. After Plaintiff petitioned the TSA to change its protocols, without success, Plaintiff filed this action challenging the TSA’s security procedures, claiming that the standard pat-downs constitute an unreasonable search under the Fourth Amendment and violate federal disability discrimination law. The First Circuit denied Plaintiff’s petition asking that the Court set aside the decision of the TSA, holding (1) the TSA’s screening procedures do not violate the Fourth Amendment; and (2) the TSA’s refusal to implement the changes suggested by Plaintiff did not violate the Rehabilitation Act of 1973.
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