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LEUTHAUSER v. UNITED STATES

No. 22-15402.

71 F.4th 1189 (2023)

Michele LEUTHAUSER, Plaintiff-Appellant, v. UNITED STATES of America; Anita Serrano, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2023.

Attorney(s) appearing for the Case

Jonathan Corbett (argued), Corbett Rights PC, Los Angeles, California, for Plaintiff-Appellant.

Patrick M. Jaicomo (argued), Anna Bidwell , and Jaba Tsitsuashvili , Institute for Justice, Arlington, Virginia, for Amicus Curiae Institute for Justice.

Daniel Aguilar (argued) and Sharon Swingle , Appellate Staff Attorneys; Jason M. Frierson , United States Attorney; Brian M. Boynton , Principal Deputy Assistant Attorney General; United States Department of Justice; Washington, D.C.; Brianna Smith , Pisanelli Bice PLLC, Las Vegas; for Defendants-Appellees.

Mahesha P. Subbaraman , Subbaraman PLLC, Minneapolis, Minnesota, for Amici Curiae Freedom to Travel USA and Restore the Fourth Inc.

Before: Jacqueline H. Nguyen and Lucy H. Koh, Circuit Judges, and Joseph F. Bataillon, District Judge.

OPINION

Michele Leuthauser alleges that a Transportation Security Officer ("TSO") sexually assaulted her during an airport security screening. We must decide whether Leuthauser may bring claims for battery and intentional infliction of emotional distress against the...

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