Judges say travelers can sue TSA over screener mistreatment

[soryang]

3. This case is about the scope of the Federal Tort Claims waiver

Normally, tort suits cannot be brought against the United States based upon intentional torts, such as assault, battery, false imprisonment, etc., namely the causes of action brought in this case. The Federal tort claims act is an exception to the general principle of sovereign immunity. But sovereign immunity still applies to intentional tort suits brought against employees of the US. It does not apply to "officers of the United States," with the powers described in the decision. This includes TSA screeners at the airport.

An individual suit against a TSA screener as a practical matter is worthless in most cases, the cause of action needs to accrue against the United States itself to insure proper respect for constitutional principles.