In a 2-1 vote, the 3rd US Circuit Count of Appeals in Philadelphia upheld TSA screeners are shielded by the government sovereign immunity.  Under the the Federal Tort Claims Act (the following paragraph was copied from

Thus, both federal and State law may impose limitations on liability. The FTCA exempts, among other things, claims based upon the performance, or failure to perform a “discretionary function or duty.”[1] The FTCA also exempts a number of intentional torts.[2] However, the FTCA does not exempt intentional torts committed by “investigative or law enforcement officers,” thus allowing individuals aggrieved by the actions of law enforcement officers to have their day in court.

The appellate court found that TSA screeners are not ‘investigative or law enforcement officers’ so the FTCA exempts their job function from liability.

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