US Must Defend Lawsuit Over Body Cavity Search by TSA Officer

The federal government must defend claims that a Transportation Security Administration officer sexually assaulted a passenger during an airport security screening because the US has waived immunity for battery claims against its law enforcement officers.

TSA security officers fall under the Federal Tort Claims Act’s “law enforcement proviso,” which waives the federal government’s sovereign immunity for torts such as assault and battery committed by “investigative or law enforcement officers” of the US, the US Court of Appeals for the Ninth Circuit ruled in an opinion by Judge Jacqueline H. Nguyen.

The court joined the Third, Fourth, and Eighth ...