4th Circuit considers tort claim exception in airport ‘groin search’ case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 17, 2023 10:16 AM

Alleging that a TSA screener “fondled her genitals twice” during a “groin search” at the Asheville Regional Airport, Erin Osmon sued the United States for battery under the Federal Tort Claims Act. And on appeal from an order that tossed her complaint for lack of subject matter jurisdiction — because the FTCA excludes claims arising out of assault or battery — the 4th U.S. Circuit Court of Appeals considered the “law enforcement” exception to this exception.The exception’s exception applies to assault or battery arising …

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