Federal Judge Dismisses Fourth Amendment ‘Human Billboard’ Lawsuit Against TSA
- Posted on September 13, 2011 at 11:35pm by
Buck Sexton
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Some of you may remember last December when a young man stripped down in the airport with the Fourth Amendment written across his chest and was detained by the TSA for 90 minutes.
That ‘human billboard’ for the 4th Amendment, Aaron Tobey, filed a federal lawsuit against the TSA and federal officials to include DHS Chief Janet Napolitano and TSA head John Pistole for, among other things, violating his First and Fourth Amendment rights.
Unfortunately, a federal judge in the Eastern District of Virginia has just tossed out almost all of the case. The judge dismissed the passenger’s claims against the Capital Region Airport Commission, a few Richmond airport police officers, Napolitano, and Pistole.
At the core of the judge‘s decision was the lack of senior officials’ proximity to the events. Basically, you can’t blame Napolitano for what a couple of underlings did at one airport in the U.S. As the judge wrote in his decision:
“Plaintiff does not allege that [Napolitano and Pistole] were directly involved in any way in the events, nor does he allege any facts suggestive of deliberate indifference.”
The judge also decided that the TSA guidelines alone could not constitute a rights violation, which absolved those same senior officials from any liability in their creation or implementation.
The court did, however, leave open the possibility that the screeners themselves could be personally liable. The judge wrote:
“The question is whether the TSOs in fact radioed for assistance because of the message plaintiff sought to convey… Because plaintiff’s unrebutted claim facially states a cause of action, the question of qualified immunity must await further discovery.”
So while the judge protected those at the top of the federal food chain, he left open the possibility that the screeners may be individually liable for violating Tobey’s civil rights.
That will provide little comfort to the plaintiff, who by all accounts just wanted to put his Constitutional rights on display– literally– and force the federal government to stop its invasive airport pat-down policies.
Perhaps it may have worked against Tobey that, unlike the rest of us, he made his flight despite the TSA security delay.
(h/t consumerist)
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Comments (91)
I_Hate_Libs
Posted on September 14, 2011 at 7:12amI will say one thing the kid is eating right.
The horror of the Democrat mind.
Report Post »Drakkhanlord
Posted on September 14, 2011 at 7:01am2 executed , 1 died of a i d s …feel free to search all by yourself…
Report Post »Drakkhanlord
Posted on September 14, 2011 at 6:58amactually only 2 of barry’s lovers were executed…1 died of aids….search and see…
Report Post »ONE PIECE
Posted on September 14, 2011 at 5:52amThat‘s like you’re saying that you are not responsible for what the left hand is doing. It’s just one hand!! Are you serious!! I hope that one day this will not come back to bite him on the ASS! Or us!!
Report Post »tower7femacamp
Posted on September 14, 2011 at 7:00amWe know there are people on the job doing everything they can to protect America from terrorists. Who’s going to protect America from Rick Perry should he become the next president of the United States?
Statistically, in the past 5 years you were:
- 1,052 times more likely to be killed in a car accident than in a terror attack.
- 202 times more likely to die in a building fire than be killed in a terrorist attack.
- 25 times more likely to drown in a bathtub than be killed in a terror attack.
- 3.64 times more likely to be hit and killed by a lightning bolt than killed in a terrorist attack.
And if you happen to live in Governor Rick Perry’s Texas, in the last 5 years you were 108 times more likely to be executed by Gov. Perry than you were to be killed in a terrorist attack.
Report Post »http://www.infowars.com/rick-perry-the-man-behind-the-mask/
kennyg933
Posted on September 14, 2011 at 7:17amWell then, I guess we hung all the guilty from the Neuremberg trials unjustly. And it seems Hitler shot himself for no reason, by this rationale. After all, HE didn’t actually WORK at Buchenwald or Sobibor; that was just some rogue underlings out of control. I can’t WAIT to read about some hero breaking thenose or neck of a rogue TSA agent and becoming a martyr for the cause. Me? I’ll take a couple with me when FEMA clears my neighborhood when they combine some faked disaster with the bio-chipping, new currency mandate and need to sweep your town for your own safety and protection.
Report Post »Anarcho Capitalist
Posted on September 14, 2011 at 10:42am8 times more likely to be killed by a cop then a terrorist.
Report Post »kickagrandma
Posted on September 14, 2011 at 5:34amWe don’t fly any longer.
Report Post »JediPatriot
Posted on September 14, 2011 at 8:54pm@ kickagrandma, You shouldn’t have to give up flying because the biggest bully on the block wants to feel you up or look under your knickers. The more we stand up to these thugs, the more their true intentions start to show thru.
Report Post »Peace
TxMadMac
Posted on September 14, 2011 at 4:58amI have boycotted the airlines since our 4th amendment right was taken away.
Report Post »Libby Tarian
Posted on September 14, 2011 at 5:20amMy boycot of the airliners started 9/11/01, they are responsible for many deaths. All they have to do is have El Al train all of their screeners.
Report Post »Mstrrlm
Posted on September 14, 2011 at 4:28amOk while I don’t like the searches I know they are a necessary evil. And when I CHOOSE to purchase a ticket I know this will happen!!! This is where it is not UNLAWFUL, because you made the choice to fly. Sorry guys I am as conservative as you can get but the kid will be found to be wrong mark my words he will loose case.
Report Post »blue_sky
Posted on September 14, 2011 at 4:39am50% of judges are elected, the rest are appointed. Politicians‘ and powerful lawyers’ who sponsor their re-election are the main source of corruption in our judicial system.
Report Post »JediPatriot
Posted on September 14, 2011 at 4:42am“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” – Ben Franklin
Report Post »Very soon, and by design, flying will only be for the ultra-rich and those who think little of personal privacy. We shouldn’t have to be strip-searched in order to get on a plane. And no one should be radiated either. Israel has a really good way of doing things without the invasions. And it appears to work.
Peace
bread and circuses
Posted on September 14, 2011 at 5:49amI have to laugh at the lunatic socialist trolls as soon as they claim to be “as conservative as anyone”
Report Post »A true conservative’s words speak for themselves
JMorcan
Posted on September 14, 2011 at 8:39am“This is where it is not UNLAWFUL, because you made the choice to fly.”
Knowing beforehand that the government will violate your rights doesn‘t render the government’s action legal. You’re an idiot.
Report Post »bree001
Posted on September 14, 2011 at 9:35amThis is not a necessary evil, there are alternatives to pat downs that are more effective. As a conservative I don’t understand why you would want to be molested and your children molested by strangers. Once again our evil government has people brainwashed into thinking this is a necessary evil for our security.
Report Post »KNaggieland
Posted on September 14, 2011 at 9:42amActually the facts are he was detained after the search. What is at question is: was his extra detainment a result of having the fourth amendment written on his chest? If so then TSA agents unlawfully detained him under colour of authority. As an added bonus since the agents are being sued as individuals their employer can not provide council, unless their employer is claiming that all of their actions are a direct result of their employers policies.
Also the is a civil not a criminal case so the burden of proof is different.
Report Post »Warrior4Christ
Posted on September 14, 2011 at 10:36amAfter reading your comment I finally had to create an account so that I could respond to your ridiculous beliefs. I was a SWCC in the Navy- got out to go to college & become a ‘family man’. When I was in college, I went to work for TSA for a short while; after one month I couldn’t stand it any longer. I decided it was better to be jobless than lose my honor & integrity. While working for TSA though, I gained unique insight to the organization. After working for them, I now KNOW that TSA’s patdowns ARE NOT A NECESSARY EVIL. In fact, they are about as big a waste of government resources (is that an oxymoron?) as any I have seen. When I would point out in our ‘training’ the errors in their procedures, I was scolded and in once case actually written up for being a ‘trouble maker’. That was when I realized that TSA’s procedures are not designed to actually provide security. They are designed to provide the APPEARANCE OF SECURITY, and nothing more.
TSA needs to go away.
Report Post »Shotgun167
Posted on September 14, 2011 at 12:17pm@Warrior4Christ, the name for this is “security theater”. The funny thing is that it was named by liberals. If this isn’t a case that clearly displays how the American public is played against one another, I don’t know what is. Every conservative I know that has two neurons to rub together thinks this is ridiculous. Every liberal I know thinks it is a total waste of time. Yet, EVERY candidate for the presidency supports this except the “unelectable” Ron Paul.
Report Post »JediPatriot
Posted on September 14, 2011 at 4:23amHmm…. I suppose the “joint-responsibility rule” only applies to people like Charles Manson (not that I’m sticking up for the man)? And I suppose “conspiracy” means nothing if you’re a federal employee? Napolitano, who is setting policy for her subordinates, has as much guilt in this as the subordinates. As a leader, she is supposed to be responsible for their actions. Or is that non-applicable for government employees? Hmm……
Report Post »Peace
teddie888
Posted on September 14, 2011 at 3:53amTSA were caught in Michigan helping drug smugglers come through.
Report Post »colonial10
Posted on September 14, 2011 at 3:27amRegardless of the outcome this kid should be thanked. It shows that our youth care about the Constitution. He did not use violence and he took them to court. He believed in something strongly enough to make a statement. It‘s better then when protesters trash the Wisconsin capital building or when liberals say hateful things to everyone else but themselves and it’s much better then the idiots who think flash mobbing and robbing the innocent is an intelligent way to protest. It is much better then being prejudice. Good job kid!!
Report Post »watchdog1
Posted on September 14, 2011 at 3:16amHmmmm…….I must have missed the story of the other three or four of which you speak, I only heard about the one caught in the back of the Limo with Obama, both “ reportedly” snorting coke, I do know he turned up dead either right before or immediately after Obama was elected…..
Report Post »Bete Noire
Posted on September 14, 2011 at 1:56amis that Ashton Kucher’s little brother? – bet he and Demi put him up to it…
Report Post »teddie888
Posted on September 14, 2011 at 3:52amKutcher & Semi are big libs
Report Post »Californiasodbuster
Posted on September 14, 2011 at 1:41am@Redbone007
Report Post »Thank you for making my day with this great news, maybe there is hope, with and without change.
jb.kibs
Posted on September 14, 2011 at 1:41am“provide proof or shut up”… classic ignorance.
i say to you… absence of evidence is not evidence of absence.
Report Post »drago
Posted on September 14, 2011 at 8:38amUm, wtf are you replying to?
Report Post »Psychosis
Posted on September 14, 2011 at 1:20am@ walkabout …………..learn to read and investigate………….there are plenty of reports about the three men involved with obama ending up dead
Report Post »redbone007
Posted on September 14, 2011 at 12:49amWakeup Glenn…
Republican Wins House Race in New York, Seen as Obama Rebuke
Read more: http://www.foxnews.com/politics/2011/09/14/republican-wins-house-race-in-new-york-seen-as-obama-rebuke/#ixzz1Xu2PIdKz
Report Post »xoke
Posted on September 14, 2011 at 12:57amI was waiting for this news! woooohoooo! I knew Wiener was good for something. But don’t worry folks, the media will be all over this tomorrow letting us know how much this IS NOT a bell weather.
Report Post »drago
Posted on September 14, 2011 at 8:34am“Wake up Glenn” ? And that statement means what?
Report Post »Eyeball
Posted on September 14, 2011 at 12:42amThe buck stops where?
Report Post »jb.kibs
Posted on September 14, 2011 at 1:22amThe judge also decided that the TSA guidelines alone could not constitute a rights violation, which absolved those same senior officials from any liability in their creation or implementation.
if you create unconstitutional guidelines and implement them, you don’t get in trouble? hmmm interesting.. i’m going to have to use that one. ;)
basically, under that ruling, it‘s legal to have a policy that states your employees can kill unruly customers because you can’t arrest someone for the creation of guidelines or implementation thereof? SWEET!
Report Post »Elena2010
Posted on September 14, 2011 at 12:40amStress out Al Gore — drive yourself!
Boycott the airlines until this is fixed w/intelligent profiling as El Al has.
Report Post »Gypsy123
Posted on September 14, 2011 at 12:29amYeah the ones who started the problem get off scot free as always. Signs of the society in free fall,
Report Post »Coled
Posted on September 14, 2011 at 12:25amThere maybe a chance to stop this via the courts and good lawyers but I fear it will be to slim a chance or too late. The most likely solution is having passengers who fight back. It‘s sad but we’re going to have to literally break some of these TSA thugs. I won’t be subject to it and if I see a child being put through this charade I will burst past my breaking point.
Report Post »Walkabout
Posted on September 14, 2011 at 12:12amProvide proof or shut up
Report Post »normbal
Posted on September 14, 2011 at 12:12amLegal insurrection. a rising up against established authority in conformity with or permitted by law.
Report Post »brian8793
Posted on September 14, 2011 at 12:10amWhat a freak. He took his shirt off in an airport? Are you freaking kidding me? Now he is trying to sue?
The judge should tell this PUNK to stop wasting everybody’s time and money.
Report Post »firemanfrank
Posted on September 14, 2011 at 12:27amHe is making a political statement to let the TSA realize that they are in violation of his 4th ammendment rights. What channel have you been watching the last three years.
Report Post »Anarcho Capitalist
Posted on September 14, 2011 at 12:28amI hope you like your concentration camp.
Report Post »abbygirl1994
Posted on September 14, 2011 at 12:54amFiremanfrank its obvious he’s been smoking to much wacky tabaccy!
Report Post »Psychosis
Posted on September 14, 2011 at 1:18ambrian is a loser troll
bad brian ………………..back to the basement with thee
Report Post »mossbrain
Posted on September 13, 2011 at 11:51pmI don’t like the looks of that kid. He deserves a good tasering if you ask me. He’s just trying to pick up chicks by getting in the news with his shirt off.
Report Post »jds7171
Posted on September 13, 2011 at 11:48pmHow does the lawsuits against rumsfield work? you can’t blame him for what a few underlings did.
Report Post »JustJP
Posted on September 14, 2011 at 12:09amWell said JD
Report Post »Jaycen
Posted on September 14, 2011 at 12:47amWhat does Rumsfeld have to do with this story or the current assualt against our 4th amendment rights? He was responsible for the interrogation of people caught trying to kill American soldiers on foreign battlefields.
Report Post »