TOBEY v. JONES

Nos. 11-2230, 11-2276.

706 F.3d 379 (2013)

Aaron TOBEY, Plaintiff-Appellee, v. Terri JONES, individually and in her official capacity as a Supervisory Transportation Security Officer with the Transportation Security Administration of the Department of Homeland Security; Rebecca Smith, individually and in her official capacity as a Transportation Security Officer with the Transportation Security Administration of the Department of Homeland Security, Defendants-Appellants, and Quentin Trice, individually and in his official capacity as Chief of Police of the Richmond International Airport Police; Calvin Vann, individually and in his capacity as an officer of the Richmond International Airport Police; Anthony Mason, individually and in his official capacity as an officer of the Richmond International Airport Police; Jeffrey Kandler, individually and in his official capacity as an officer of the Richmond International Airport Police; Janet Napolitano, in her official capacity as Secretary of Homeland Security; John S. Pistole, in his official capacity as Administrator, Transportation Security Administration; Capital Region Airport Commission; Victor Williams, in his official capacity as Director of Public Safety and Operations, Richmond International Airport Police; Jane Doe, individually and in her official capacity as a TSA Checkpoint Manager with the Transportation Security Administration of the Department of Homeland Security, Defendants. Aaron Tobey, Plaintiff-Appellee, v. Jane Doe, individually and in her official capacity as a TSA Checkpoint Manager with the Transportation Security Administration of the Department of Homeland Security, Defendants-Appellants, and Quentin Trice, individually and in his official capacity as Chief of Police of the Richmond International Airport Police; Calvin Vann, individually and in his capacity as an officer of the Richmond International Airport Police; Anthony Mason, individually and in his official capacity as an officer of the Richmond International Airport Police; Jeffrey Kandler, individually and in his official capacity as an officer of the Richmond International Airport Police; Rebecca Smith, individually and in her official capacity as a Transportation Security Officer with the Transportation Security Administration of the Department of Homeland Security; Janet Napolitano in her official capacity as Secretary of Homeland Security; John S. Pistole, in his official capacity as Administrator, Transportation Security Administration; Capital Region Airport Commission; Victor Williams, in his official capacity as Director of Public Safety and Operations, Richmond International Airport Police; Terri Jones, individually and in her official capacity as a Supervisory Transportation Security Officer with the Transportation Security Administration of the Department of Homeland Security, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2013.


Attorney(s) appearing for the Case

ARGUED: August E. Flentje , United States Department of Justice, Washington, D.C., for Appellants. Anand Agneshwar , Arnold & Porter, LLP, New York, New York, for Appellee. ON BRIEF: Tony West , Assistant Attorney General, Douglas N. Letter , United States Department of Justice, Washington, D.C.; Neil H. Mac-Bride , United States Attorney, Alexandria, Virginia, for Appellants. James J. Knicely , Robert Luther III , Knicely & Associates, P.C., Williamsburg, Virginia; Alan C. Veronick , Arnold & Porter, LLP, New York, New York; John W. Whitehead , Douglas R. McKusick , The Rutherford Institute, Charlottesville, Virginia, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge DUNCAN joined. Judge WILKINSON wrote a dissenting opinion.


OPINION

GREGORY, Circuit Judge:

Aaron Tobey alleges he was retaliated against for exercising his First Amendment rights when at Richmond International Airport (RIC), Transportation Security Administration (TSA) agents and RIC police seized and arrested him for displaying the text of the Fourth Amendment to the United States Constitution on his chest. Seeking to vindicate his rights, Mr. Tobey brought an action in the United States District Court for the...

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