The dispute that prompted a federal appeals court to open up an avenue to civil liability based on claims of overly aggressive treatment by the Transportation Security Administration is set to go to trial, after the U.S. Department of Justice chose not to file a writ of certiorari with the U.S. Supreme Court.

Late last year, U.S. Solicitor General Noel Francisco asked the high court for an extension to see whether the office would like to appeal a precedential, en banc ruling from the U.S. Court of Appeals for the Third Circuit in Pellegrino v. U.S. Transportation Security Administration. In that decision the court held that TSA screeners could be held liable in a civil action for their conduct.

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