Tort/Negligence – FTCA – Intentional Torts – Law Enforcement Proviso – TSA Screeners – Limited Search Authority

Weinraub v. United States (Lawyers Weekly No. 12-02-0936, 14 pp.) (Louise W. Flanagan, J.) 5:11-cv-00651; E.D.N.C.

Holding: Under the Federal Tort Claims Act, the U.S. has waived sovereign immunity for certain intentional torts committed by investigative or law enforcement officers. Airport screeners employed by the Transportation Safety Administration perform only limited, consensual searches that are administrative in nature; therefore, they are not investigative or law enforcement officers under the FTCA, and the U.S. retains its sovereign immunity as to intentional torts committed by TSA screeners.

Defendant’s motion to dismiss is granted.

Plaintiff’s “negligence” claim fails because it is merely a restatement of his claims for assault, battery, false imprisonment, and false arrest.