Pellegrino v. Transportation Safety Administration, No. 15-3047 (3d Cir. 2019)Annotate this Case
After a confrontational screening at Philadelphia International Airport in 2006, during which police were called, Pellegrino asserted intentional tort claims against TSA screeners. Under the Federal Tort Claims Act, the government generally enjoys sovereign immunity for intentional torts committed by federal employees, subject to the “law enforcement proviso” exception, which waives immunity for a subset of intentional torts committed by employees who qualify as “investigative or law enforcement officers,” 28 U.S.C. 2680(h). The Third Circuit first affirmed the dismissal of Pellegrino’s suit, holding that TSA screeners are not “investigative or law enforcement officers.” On rehearing, en banc, the court reinstated the suit. The words of the proviso dictate the result: TSOs are “officer[s] of the United States” empowered to “execute searches” for “violations of Federal law.”
This opinion or order relates to an opinion or order originally issued on July 11, 2018.