Articles Posted in US Court of Appeals for the Third Circuit

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Vanderklok wanted to fly from Philadelphia to Miami, to run a half-marathon. In his carry-on luggage, he had a heart monitor and watch stored inside a piece of PVC pipe, capped on both ends. During screening at the airport security checkpoint, the pipe and electronics prompted secondary screening, supervised by Transportation Security Administration (TSA) employee Kieser. According to Vanderklok, Kieser was disrespectful, so Vanderklok stated an intent to file a complaint against him. Vanderklok claims that Kieser, in retaliation, called the Philadelphia police and falsely reported that Vanderklok had threatened to bring a bomb to the airport. Vanderklok was arrested. He was acquitted because Kieser’s testimony about Vanderklok’s behavior did not match airport surveillance footage. Vanderklok sued. The district court concluded that Kieser lacked qualified immunity as to Vanderklok’s First Amendment claim and that a reasonable jury could find in Vanderklok’s favor as to his Fourth Amendment claim. The Third Circuit vacated. Because Kieser sought and was denied summary judgment on the merits of Vanderklok’s Fourth Amendment claim, rather than on the basis of qualified immunity, that claim cannot be reviewed on interlocutory appeal. The court concluded that no First Amendment claim against a TSA employee for retaliatory prosecution even exists in the context of airport security screenings. View "Vanderklok v. United States" on Justia Law