In Vanderklok v. United States, 3rd Circ., No. 16-3422, the U.S. Court of Appeals for the Third Circuit declined to apply the civil rights laws in favor of an air traveler who was mistreated by TSA screeners. However, Vanderklok was not the end of the story. The Federal Tort Claims Act grants the United States sovereign immunity for intentional torts committed by federal employees. An exception to that immunity is the so-called “law enforcement proviso.” This waives immunity for certain intentional torts committed by employees who are “investigative or law enforcement officers.” Thanks to a crimped view of the law, air travelers strike out again.

The court, in Pellegrino v. United States, held that TSA screeners are not “investigative or law enforcement officers” and therefore the claims must be dismissed.