Iverson v. United States, No. 18-3137 (8th Cir. 2020)Annotate this Case
The Federal Tort Claims Act (FTCA) removed sovereign immunity from suits for “injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission” of a federal employee acting within the scope of his employment, 28 U.S.C. 1346(b)(1)). The FTCA generally exempts intentional torts, which remain barred by sovereign immunity. The “law-enforcement proviso” allows plaintiffs to file claims arising “out of assault, battery, false imprisonment, false arrest, abuse of process, [and] malicious prosecution” that are the result of “acts or omissions of investigative or law enforcement officers of the United States Government” and defines investigative or law enforcement officer as “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”
Iverson went through security at the Minneapolis-St. Paul airport, walking with the aid of crutches. Transportation Security Officers (TSOs) performed a pat-down search; Iverson was allowed to place his hands on his crutches but had to stand on his own power. Iverson alleges that a TSO pulled him forward and then abruptly let go, causing Iverson to fall and be injured. The TSA denied an administrative claim. Iverson sued, asserting battery and negligence. The Eighth Circuit reversed the dismissal of the case, finding that TSOs satisfy the FTCA’s definition of an investigative or law enforcement officer.
Court Description: [Smith, Author, with Gruender and Benton, Circuit Judges] Civil case - Federal Tort Claims Act. Transportation Security Administration screening personnel, known as Transportation Security Officers, satisfy the Federal Tort Claims Act's definition of an investigative or law enforcement officer - see 28 U.S.C. Sec. 2680(h); plaintiff could, therefore, bring claims of battery and negligence for injuries suffered during a screening at the Minneapolis-St. Paul airport. Judge Gruender, dissenting.