Legal Opinion · Dissent

Pellegrino v. U.S. Transp. SEC. Admin.

Court of Appeals for the Third Circuit

Decided July 11, 2018No. 15-3047Published

1DissentAmbro, Circuit Judge

The Federal Government is typically immune from suit. The Federal Tort Claims Act, 28 U.S.C. § 1346 (b), waives the Government's immunity for certain torts committed by Government employees. 28 U.S.C. § 2680 (h) does so for specific intentional torts committed by "investigative or law enforcement officers," which it defines as "any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law."

Nadine Pellegrino relies on § 2680(h) to recover against Transportation Security Officers ("TSOs") who, she alleges,…

2Cases cited69 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. McQuiggin v. PerkinsSupreme Court of the United States · 2013
  3. Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
  4. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  5. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992

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