In my first article on Pellegrino v. Transportation Safety Administration, No. 15-3047 (3d Cir. July 11, 2018) (Krause, J.), I predicted that, when revisited, the panel decision supporting the district court’s grant of summary judgment in favor of the United States would be overturned. This time, I was correct!

At issue was a TSO, transportation safety officer, screening of Nadine Pellegrino and her husband. A melee ensued between the TSO and Pellegrino, with the question of who struck who and when. Pellegrino was charged with 10 crimes, including assault. Many of the charges were dismissed, and the district attorney abandoned others. The remaining charges came to naught when the Transportation Safety Administration (TSA) failed to produce surveillance video from the incident and another TSO agent failed to appear in court. Other TSO testimony was self-contradictory on key points.

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