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PELLEGRINO v. U.S. TRANSP. SECURITY ADMIN.

No. 15-3047.

896 F.3d 207 (2018)

Nadine PELLEGRINO; Harry Waldman, Appellants v. UNITED STATES of America TRANSPORTATION SECURITY ADMINISTRATION, DIV. OF DEPT. OF HOMELAND SECURITY; TSA TSO Nuyriah Abdul-Malik, Sued in her individual capacity; TSA STSO Laura Labbee, Sued in her individual capacity; TSA TSO Denice Kissinger, Sued in her individual capacity; John/Jane Doe TSA Aviations Security Inspector defendants sued in their individual capacities; John/Jane Doe TSA, Official Defendants, sued in their individual capacities.

United States Court of Appeals, Third Circuit.

Opinion filed: July 11, 2018.

Attorney(s) appearing for the Case

Nadine Pellegrino and Harry Waldman, Unit 1205 South, 550 South Ocean Boulevard, Boca Raton, FL 33432, Pro Se Appellants.

Mark J. Sherer, Esq. (Argued), Office of United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, Counsel for Appellees.

Paul M. Thompson, Esq. (Argued), Sarah P. Hogarth, Esq. , McDermott Will & Emery, 500 North Capitol Street, N.W., Washington, DC 20001, Matthew L. Knowles, Esq. , McDermott Will & Emery, 28 State Street, 33rd Floor, Boston, MA 02109, Court Appointed Amicus Curiae.

Before: AMBRO, KRAUSE and SCIRICA, Circuit Judges.

OPINION OF THE COURT

In Vanderklok v. United States, 868 F.3d 189 (3d Cir. 2017), we declined to imply a Bivens cause of action against airport screeners employed by the Transportation Security Administration (TSA) in part because they "typically are not law enforcement...

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