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Pellegrino v. United States of America Transportation Security Administration, Div. of Dept. of, 937 F.3d 164

Facts

Nadine Pellegrino and her husband arrived at the Philadelphia International Airport to board a flight. During the security screening, Pellegrino was selected for additional screening, which involved a thorough examination of her belongings by TSOs. After the screening, an altercation occurred where TSOs alleged that Pellegrino struck them, leading to her arrest and charges of ten crimes, including aggravated assault. Many charges were later dismissed, and Pellegrino subsequently filed a lawsuit against the TSA and TSOs for various claims.

Pellegrino and her husband arrived at the Philadelphia International Airport … After the screening, an altercation occurred where TSOs alleged that Pellegrino struck them, leading to her arrest and charges of ten crimes, including aggravated assault.

Issue

Whether Transportation Security Officers (TSOs) qualify as 'investigative or law enforcement officers' under the Federal Tort Claims Act's (FTCA) intentional tort exception, allowing for a lawsuit against the United States.

The question for us is whether TSOs fit this definition.

Rule

The Federal Tort Claims Act waives the Government's immunity for certain torts committed by 'investigative or law enforcement officers,' defined as any officer of the United States who is empowered by law to execute searches, seize evidence, or make arrests for violations of Federal law.

The complete proviso definition for an 'investigative or law enforcement officer' is '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.'

Analysis

The court analyzed whether TSOs fit the definition of 'officers of the United States' under the FTCA. It concluded that TSOs are indeed empowered by law to conduct screenings, which are classified as 'searches' under the law. The court emphasized that the statutory language does not limit the definition to criminal law enforcement officers and that TSOs perform a critical role in national security by securing airports.

The court analyzed whether TSOs fit the definition of 'officers of the United States' under the FTCA. It concluded that TSOs are indeed empowered by law to conduct screenings, which are classified as 'searches' under the law.

Conclusion

The Court of Appeals affirmed in part and reversed in part the District Court's ruling, determining that TSOs are 'officers of the United States' under the FTCA, allowing Pellegrino's lawsuit to proceed.

Our decision today that TSOs are 'officer[s] of the United States' is consistent with the broad constructions announced in Millbrook and Bunch.

Who won?

Nadine Pellegrino prevailed in part as the Court of Appeals recognized that TSOs are 'officers of the United States' under the FTCA, allowing her claims to move forward.

Nadine Pellegrino prevailed in part as the Court of Appeals recognized that TSOs are 'officers of the United States' under the FTCA, allowing her claims to move forward.

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