In August 2011, a TSA supervisor detained me for an hour, threatened me with forcible search and (false) arrest, read through my documents, and, ultimately, ejected me from the airport… all because I wouldn’t let a TSA screener “touch my junk.” Afterwards, I asked for CCTV video of the incident under FOIA, and was lied to about its existence. I filed suit, and last year, a federal judge dismissed that lawsuit, arguing that all of the above was either legal, or that the TSA manager had immunity from damages.
The issue is now fully briefed before the U.S. Court of Appeals for the Eleventh Circuit. A three judge panel will now decide whether there is truly no recourse when someone so egregiously violates your rights (assuming we still have those). Although “fully briefed” means that all parties have said their peace in writing, the TSA has taken the unusual step of requesting oral arguments. I assume this means they are unsure of their case, and it’s a good sign.