U.S. court to reconsider shielding airport screeners from abuse claims

FILE PHOTO: A Transportation Security Administration (TSA) official 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) – A federal appeals court decided to revisit its recent decision that made it difficult for travelers to sue U.S. airport screeners over claims of abuse at security checkpoints.

In a brief order on Wednesday, the 3rd U.S. Circuit Court of Appeals in Philadelphia said a 13-judge panel will reconsider the 2-1 decision at a Feb. 20 hearing, in a rare review by the full court known as “en banc.”

The court had held on July 11 that U.S. Transportation Security Administration screeners were administrative employees of the federal government, and did not qualify as “investigative or law enforcement officers” who could be liable for civil claims under the Federal Tort Claims Act.

While the decision did not address criminal liability, Circuit Judge Thomas Ambro said in a dissent at the time that it would prevent many passengers from obtaining “any meaningful remedy” for assaults, wrongful detentions and made-up criminal charges, something he said Congress did not intend.

A spokeswoman for the U.S. Department of Justice, which represented the screeners, declined to comment.

The case had been brought by Nadine Pellegrino, a business consultant from Boca Raton, Florida, following a July 2006 screening at Philadelphia International Airport.

Pellegrino objected to the invasiveness of the screening, and was eventually jailed for about 18 hours and criminally charged with assault, making terroristic threats and other crimes, which she denied. She was acquitted at a trial.

Her case drew support from such groups as the Cato Institute and the American Civil Liberties Union.

“It’s vitally important for government officers to be held accountable for intentional misconduct,” ACLU lawyer Hugh Handeyside said in an interview. “Without that possibility, we might see more abuses.”

Ambro said the July 11 decision could provide immunity even in extreme cases, citing a 2015 incident where screeners allegedly manipulated a Denver International Airport checkpoint so a male screener could grope “attractive” male passengers.

Pellegrino, now 69, said an in interview the support she has received has been “astonishing,” adding: “We feel elated today that we’ll have an opportunity to have this reconsidered.”

The 3rd Circuit hears appeals from Delaware, New Jersey and Pennsylvania, but other courts can cite its decisions as precedent.

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 Frances Kerry)

Rare total solar eclipse spreads wonder across United States

Enthusiasts Tanner Person (R) and Josh Blink, both from Vacaville, California, watch a total solar eclipse while standing atop Carroll Rim Trail at Painted Hills, a unit of the John Day Fossil Beds National Monument, near Mitchell, Oregon, U.S. August 21, 2017. Location coordinates for this image is near 44°39'117'' N 120°6'042'' W. REUTERS/Adrees Latif

By Lee van der Voo and Harriet McLeod

SHERIDAN, Oregon/CHARLESTON, S.C. (Reuters) – Millions of Americans looked skyward in awe through protective glasses, telescopes and cameras on Monday as the first coast-to-coast total solar eclipse in a century marched from the U.S. Pacific Northwest to the Atlantic seaboard.

After weeks of anticipation, onlookers from Oregon to South Carolina whooped and cheered as the moon blotted out the sun, plunging a narrow band of the United States into near darkness and colder temperatures for two minutes at a time. Even President Donald Trump stepped out of the White House to see the eclipse.

“It’s more powerful than I expected,” Robert Sarazin Blake, 40, a singer from Bellingham, Washington, said after the eclipse passed through Roshambo ArtFarm in Sheridan, Oregon. “All of a sudden you’re completely in another world. It’s like you’re walking on air or tunneling underground like a badger.”

Solar Eclipse in Depoe Bay, Oregon, U.S. August 21, 2017. Location coordinates for this image are 44º48'35" N 124º3'43" W. REUTERS/Mike Blake

Solar Eclipse in Depoe Bay, Oregon, U.S. August 21, 2017. Location coordinates for this image are 44º48’35” N 124º3’43” W. REUTERS/Mike Blake

No area in the United States had seen a total solar eclipse since 1979, while the last coast-to-coast total eclipse took place in 1918.

The rare cosmic event was expected to draw one of the largest audiences in human history, including those watching through broadcast and social media.

Some 12 million people live in the 70-mile-wide (113-km-wide), 2,500-mile-long (4,000-km-long) zone where the total eclipse appeared, while hordes of others traveled to spots along the route.

Solar Eclipse in Depoe Bay, Oregon, U.S. August 21, 2017. Location coordinates for this image are 44º48'35" N 124º3'43" W. REUTERS/Mike Blake

Solar Eclipse in Depoe Bay, Oregon, U.S. August 21, 2017. Location coordinates for this image are 44º48’35” N 124º3’43” W. REUTERS/Mike Blake

The eclipse first reached “totality” – the shadow cast when the sun is completely blocked by the moon – in Oregon at 10:15 a.m. PDT (1715 GMT) and began spreading eastward.

“It just kind of tickled you all over – it was wonderful – and I wish I could do it again,” said Stormy Shreves, 57, a fish gutter who lives in Depoe Bay, Oregon. “But I won’t see something like that ever again, so I’m really glad I took the day off work so I could experience it.”

The phenomenon took its final bow at 2:49 p.m. EDT (1849 GMT) near Charleston, South Carolina, where eclipse gazers had gathered atop the harbor’s sea wall.

A number of towns within the eclipse’s path set up public events. At the Southern Illinois University campus in Carbondale, Illinois, the 15,000-seat football stadium was sold out for Monday.

Other people in the eclipse zone hosted their own private viewing parties. At a mountain cabin in the woods in Murphy, North Carolina, the air grew cool as the moon slowly chipped away at the sun before covering it completely, leaving only a surrounding halo of light.

“That was the most beautiful thing. I could die happy now — I won’t, but I could,” said Samantha Gray, 20, an incoming graduate student at University of Chicago. “Anybody want to go on vacation with me in April 2024?”

Another total solar eclipse will cut from Mexico across the southeastern and northeastern United States on April 8, 2024.

 

PARTIAL ECLIPSE DRAWS OWN SPECTATORS

 

The Monument of Liberty State is photographed while the solar eclipse is seen over Liberty State Island in New York, U.S., August 21, 2017. Location coordinates for this image are 40.4124°N, 74.237°W. REUTERS/Eduardo Munoz

The Monument of Liberty State is photographed while the solar eclipse is seen over Liberty State Island in New York, U.S., August 21, 2017. Location coordinates for this image are 40.4124°N, 74.237°W. REUTERS/Eduardo Munoz

For millions of others outside the zone of totality, a partial eclipse appeared throughout North America, a spectacle that attracted its own crowds in cities like New York.

 

In Washington, D.C., Trump was photographed on a White House balcony squinting at the sun without protective eyewear, as an aide below shouted, “Don’t look!” Looking at the sun during a partial eclipse can cause severe eye damage.

Trump, first lady Melania Trump and their son, Barron, then donned protective glasses.

U.S. President Donald Trump watches the solar eclipse with first Lady Melania Trump and son Barron from the Truman Balcony at the White House in Washington, U.S., August 21, 2017. REUTERS/Kevin Lamarque

U.S. President Donald Trump watches the solar eclipse with first Lady Melania Trump and son Barron from the Truman Balcony at the White House in Washington, U.S., August 21, 2017. REUTERS/Kevin Lamarque

Nearby, thousands of people lined the National Mall at 2:45 p.m., when four-fifths of the sun was blacked out.

“It’s amazing, super cool,” said Brittany Labrador, 30, a nurse practitioner from Memphis. “It’s kind of just cool to watch in the capital.”

Perhaps never before have so many people had the opportunity to see a total eclipse, said cartographer Michael Zeiler, who maintains the www.greatamericaneclipse.com website and has seen nine total eclipses, including Monday’s.

Zeiler estimated up to 7.4 million people traveled to the zone to observe the total eclipse, which is taking place in the peak vacation month of August.

Many people trekked to remote national forests and parks of Oregon, Idaho and Wyoming. Those who live along the path, which cut through cities like Kansas City, Missouri, and Nashville, Tennessee, were able to simply walk out their homes and look up.

 

For those outside the shadow’s path or trapped indoors, a NASA-linked website, eclipse.stream.live, provided a live stream filmed from the vantage point of 50 helium-filled balloons at a height of 80,000 feet (24,384 meters).

During a total eclipse, the sun’s disappearing act is just part of the show. The heavens dim to a quasi-twilight and some stars and planets become visible.

The last glimmer of light gives way to a momentary sparkle known as the “diamond ring” effect just before the sun slips completely behind the moon, leaving only the aura of its outer atmosphere, or corona, visible.

 

(Additional reporting by Jane Ross in Depoe Bay, Oregon, Brian Snyder in Carbondale, Illinois, Ian Simpson and Steve Holland in Washington, D.C., Steve Gorman in Salmon, Idaho, and Irene Klotz in Murphy, North Carolina; Writing by Frank McGurty and Joseph Ax; Editing by Bill Trott)