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 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.https://leagle.com/images/logo.png
Argued before original panel on October 3, 2017.
Petition for Rehearing En Banc granted on October 3, 2018.
Argued En Banc on February 20, 2019.
Opinion filed August 30, 2019.
Attorney(s) appearing for the Case
Paul M. Thompson (Argued), Sarah Hogarth , McDermott Will & Emery, 500 North Capitol Street, N.W., Washington, DC 20001, Matthew L. Knowles , McDermott Will & Emery, 28 State Street, Suite 3400, Boston, MA 02109, Counsel for Appellants.
Mark J. Sherer (Argued), Office of the United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, Counsel for Appellees.
Jonathan H. Feinberg , David Rudovsky , Kairys Rudovsky Messing & Feinberg, 718 Arch Street, Suite 501 South, Philadelphia, PA 19106, Hugh Handeyside , Hina Shamsi , American Civil Liberties Union, 125 Broad Street, 18th Floor, New York, NY 10004, Molly M. Tack-Hooper , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19106, Counsel for Amicus Appellants American Civil Liberties Union; American Civil Liberties Union of Pennsylvania; Cato Institute; Rutherford Institute.
Mahesha P. Subbaraman , 222 South 9th Street, Suite 1600, Minneapolis, MN 55402, Counsel for Amicus Appellants Freedom to Travel USA; Restore the Fourth Inc.
AMBRO, Circuit Judge, with whom Chief Judge Smith and Judges McKee, Chagares, Greenaway, Jr., Shwartz, Restrepo, Bibas, and Porter join.
The Federal Government is typically immune from suit. The Federal Tort Claims Act waives the Government's immunity for certain torts committed by its employees. 28 U.S.C. § 2680...
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