Tag Archives: Federal law

TSA screeners win immunity from flier abuse claims: U.S. appeals court

FILE PHOTO: A Transportation Security Administration (TSA) official's wears a TSA badge at Terminal 4 of JFK airport in New York City, U.S., May 17, 2017. REUTERS/Joe Penney/File Photo

By Jonathan Stempel

(Reuters) – Fliers may have a tough time recovering damages for invasive screenings at U.S. airport security checkpoints, after a federal appeals court on Wednesday said screeners are immune from claims under a federal law governing assaults, false arrests and other abuses.

In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners are shielded by government sovereign immunity from liability under the Federal Tort Claims Act because they do not function as “investigative or law enforcement officers.”

The majority said it was “sympathetic” to concerns that its decision would leave fliers with “very limited legal redress” for alleged mistreatment by aggressive or overzealous screeners, which add to the ordinary stresses of air travel.

“For most people, TSA screenings are an unavoidable feature of flying,” but it is “squarely in the realm” of Congress to expand liability for abuses, Circuit Judge Cheryl Ann Krause wrote.

The decision, the first on the issue by a federal appeals court, was a defeat for Nadine Pellegrino, a business consultant from Boca Raton, Florida.

She and her husband had sued for false arrest, false imprisonment and malicious prosecution over a July 2006 altercation at Philadelphia International Airport.

Pellegrino on Wednesday said she was reviewing the decision. A lawyer who helped with her appeal did not immediately respond to requests for comment.

According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a US Airways flight to Fort Lauderdale, Florida.

Pellegrino, then 57, objected to the invasiveness of the search, but conditions deteriorated and she was later jailed for about 18 hours, the papers show. Criminal charges were filed, and Pellegrino was acquitted at a March 2008 trial.

Circuit Judge Thomas Ambro dissented from Wednesday’s decision.

“By analogizing TSA searches to routine administrative inspections, my colleagues preclude victims of TSA abuses from obtaining any meaningful remedy for a variety of intentional tort claims,” he wrote.

Torts are civil wrongs that can result in damages.

A spokesman for U.S. Attorney William McSwain in Philadelphia, whose office represented TSA officials, had no immediate comment.

The appeals court ruled 11 months after throwing out a First Amendment claim by an architect, Roger Vanderklok, who said he was arrested in retaliation for asking to file a complaint against an ill-tempered TSA supervisor.

The case is Pellegrino et al v U.S. Transportation Security Administration et al, 3rd U.S. Circuit Court of Appeals, No. 15-3047.

(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)

Sessions blasts California after filing U.S. immigration suit

Attorney General Jeff Sessions speaks to the National Association of Attorneys General 2018 Winter Meeting in Washington, U.S., February 27, 2018. REUTERS/Joshua Roberts

By Sharon Bernstein

SACRAMENTO (Reuters) – U.S. Attorney General Jeff Sessions, escalating the Trump administration’s rhetoric against the most populous U.S. state, accused California on Wednesday of obstructing federal immigration enforcement efforts and vowed to stop the state’s defiance.

Sessions made the remarks to a law enforcement group a day after Republican President Donald Trump’s Justice Department sued Democratic-governed California over so-called sanctuary policies that try to protect illegal immigrants against deportation.

“California is using every power it has – and some it doesn’t – to frustrate federal law enforcement. So you can be sure I’m going to use every power I have to stop them,” Sessions, the top U.S law enforcement officer, said in prepared remarks.

“In recent years, California has enacted a number of laws designed to intentionally obstruct the work of our sworn immigration enforcement officers – to intentionally use every power it has to undermine duly-established immigration law in America,” Sessions added.

Sessions said U.S. Immigration and Customs Enforcement agents carry out federal law and that “California cannot forbid them or obstruct them in doing their jobs.”

The lawsuit, filed late on Tuesday in federal court in Sacramento, takes aim at three state laws passed last year that the Justice Department contends violates the U.S. Constitution and the supremacy of federal law over state law.

Trump has made fighting illegal immigration and cracking down on illegal immigrants already in the United States a signature issue, first as a candidate and now as president.

“Immigration law is the province of the federal government,” Sessions said.

“I understand that we have a wide variety of political opinions out there on immigration, but the law is in the books and its purpose is clear,” Sessions added. “There is no nullification. There is no secession. Federal law is the supreme law of the land.”

Sessions, who was speaking at a California Peace Officers Association conference in Sacramento, has made combating illegal immigration one of his top priorities since taking over the Justice Department in February 2017. A key part of that effort involves a crackdown on primarily Democratic-governed cities and states that Sessions calls “sanctuaries” that protect illegal immigrants from deportation.

Democratic California Governor Jerry Brown in October signed into law a bill that prevents police from inquiring about immigration status and curtails law enforcement cooperation with immigration officers.

“Jeff Sessions has come to California to further divide and polarize America,” Brown said in a statement late on Tuesday.

Brown and Democratic California Attorney General Xavier Bacerra are scheduled to speak in Sacramento on the issue after Sessions’ speech.

Leading California Democrats blasted the Trump administration.

“The president has now desperately decided to brazenly abuse the legal system to push his mass deportation agenda,” Nancy Pelosi, the top Democrat in the U.S. House of Representatives, said in a statement.

“The Trump administration’s attacks on California are unacceptable in the federal system of government our Founders created,” she added. “We have a system of checks and balances – not a system in which the executive branch can unilaterally bend states to its will.”

(Reporting by Sharon Bernstein; Editing by Ben Klayman and Will Dunham)

More than 110 people charged since 2013 on counts related to IS

An Islamic State flag is seen in this picture illustration taken

By Julia Edwards

WASHINGTON (Reuters) – U.S. Assistant Attorney General John Carlin said on Monday that more than 110 people have been publicly charged in federal court since late 2013 on counts related to the Islamic State militant group that has overrun much of Syria and Iraq.

Carlin said the U.S. Justice Department needs the American public to be more proactive about alerting federal authorities when they witness someone showing support for foreign terrorist organizations, such as Islamic State, in remarks to reporters at the U.S. Justice Department.

In more than 80 percent of the Islamic State cases that have been prosecuted since 2013, someone in the community of the accused person believed they had witnessed the activity for which the person was ultimately charged, according to Carlin. In more than half of those cases, the witnesses did not report anything to law enforcement authorities until after the charges were made.

Many of the Islamic State supporters prosecuted since 2013 have been charged under “material support” statutes that prohibit supporting designated foreign terrorist organizations. No groups based on domestic ideology, such as white supremacists have that designation.

Carlin said he is open to considering whether affiliation with a domestic extremist group could “warrant a special penalty” for people already charged with committing a violent crime.

Simply supporting a domestic group where some of the members have committed crimes, should not be prosecuted, Carlin said, because it “runs into our Constitution and our values.”

“You’re getting close to making illegal ideas,” Carlin said.

The Department of Justice charged 60 people last year with supporting or committing crimes because of their sympathies to Islamic State, the largest annual figure on record. The number arrested this year has been less than last year’s figure.

(Reporting by Julia Edwards; Writing by David Alexander and Julia Harte; Editing by Eric Walsh, Bernard Orr)

U.S. judge grants nationwide injunction to halt Obama transgender policy

A sign protesting a recent North Carolina law restricting transgender bathroom access in Durham, North Carolina

By Jon Herskovitz

AUSTIN, Texas (Reuters) – A U.S. judge blocked Obama administration guidance that transgender public school students must be allowed to use bathrooms of their choice, granting a nationwide injunction sought by a group of 13 states led by Texas.

Reed O’Connor, a judge for the Northern District of Texas, said in a decision late on Sunday that the Obama administration did not follow proper procedures for notice and comment in issuing the guidelines. He said the guidelines contradict with existing legislative and regulatory texts.

O’Connor, an appointee of Republican President George W. Bush, said the guidelines from the defendants, which included the U.S. Departments of Education and Justice, were legislative and substantive.

“Although Defendants have characterized the Guidelines as interpretive, post-guidance events and their actual legal effect prove that they are ‘compulsory in nature,'” he wrote.

The office of Texas Attorney General Ken Paxton, a Republican who frequently sues the Democratic Obama administration, said he was pleased with a decision against “illegal federal overreach.”

At a hearing on the injunction in Fort Worth on Aug. 12, lawyers for Texas said the guidelines usurp the authority of school districts nationwide. They said they were at risk of losing billions of dollars in federal funding for education if they did not comply.

U.S. Department of Justice lawyers sought to dismiss the injunction, saying the federal guidelines issued in May were non-binding with no legal consequences.

The guidance issued by the Justice Department and Education Department said public schools must allow transgender students to use bathrooms, locker rooms and other intimate facilities that correspond with their gender identity, as opposed to their birth gender, or face the loss of federal funds.

Under the injunction, the Obama administration is prohibited from enforcing the guidelines on “against plaintiffs and their respective schools, school boards, and other public, educationally based institutions,” O’Connor wrote.

Following milestone achievements in gay rights including same-sex marriage becoming legal nationwide in 2015, transgender rights have become an increasingly contentious issue in the United States. The use of public bathrooms has been a key element in the controversy.

The administration’s directive enraged conservatives who say federal civil rights protections encompass biological sex, not gender identity.

The other states in the Texas-led suit are Alabama, Wisconsin, West Virginia, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Utah, Georgia, Mississippi and Kentucky. Ten other states have also separately sued over the guidelines.

(Reporting by Jon Herskovitz; Editing by Chizu Nomiyama and Bill Trott)