CA3: FTCA doesn’t apply to TSA screeners

TSA screeners are not “investigative or law enforcement officers” for purposes of the Federal Tort Claims Act. Therefore, they are covered by the discretionary function exemption. Pellegrino v. United States Transp. Sec. Admin., 2018 U.S. App. LEXIS 18821 (3d Cir. July 11, 2018). The court previously held in Vanderklok v. United States, 868 F.3d 189 (3d Cir. 2017), there was no Bivens action for the same reason.

There was probable cause for plaintiff’s search and his arrest so his malicious prosecution claim fails. Wright v. Watson, 2018 U.S. App. LEXIS 18834 (11th Cir. July 11, 2018).*

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