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site title: Professional Troublemaker ®  Jonathan Corbett, Ci...

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ever my firm obtained victory in koletas v united states 24 10505 11th cir 2025 reversing u s district judge sheri polster chappell in the middle district of florida as our sister circuits noted the reasoning in corbett i is not persuasive for two reasons first it did not conduct a textual analysis of the relevant statute the ftca see e g iverson 973 f 3d at 850 explaining that the atsa postdates the ftca and cannot silently alter the scope of a statute enacted 30 years prior second as the third circuit explained it is perfectly consistent for tsos to be classified as both employees and officers but not law enforcement officers see pellegrino 937 f 3d at 171 t here is no textual indication that only a specialized law enforcement officer in the atsa qualifies as an officer of the united states under the ftca because the government does not meaningfully defend corbett i s holding that tsos are not officers under the law enforcement proviso and because we are persuaded by the plain meaning analysis conducted by our sister circuits we conclude that tsos qualify as officers under the proviso notable of the lower court s ruling was that the prior decision in my long ago case was not binding precedent because it was an unpublished decision of the eleventh circuit and the lower court not only adopted it wholesale it completely ignored as in did not even mention the other then four appellate courts to go the other way but the district court s economical dismissal order did not grapple at all with the thorough analyses provided by the third and eighth circuits in the cases cited by koletas nor with other then recently published decisions from the fourth and ninth circuits reaching the same conclusion accordingly we caution district courts from relying on our unpublished decisions purely because they are our decisions without carefully evaluating the legal suasion of an unpublished eleventh circuit opinion it is of course too late to go back and re open my case but my client here will now have her day in court after having been unlawfully strip searched by tsa screeners in orlando a massive win for justice the issue of whether tsa screeners may be sued for intentional torts under the federal tort claims act is now 6 0 in favor of indeed they may in the twelve circuit courts and now that the government has lost the one opinion in its favor i expect this may be the end of the issue summary of the law by circui first circuit no decision second circuit no decision third circuit tsa lost pellegrino 2019 fourth circuit tsa lost osmon 2023 fifth circuit no decision sixth circuit no decision seventh circuit no decision eighth circuit tsa lost iverson 2020 ninth circuit tsa lost leuthauser 2023 tenth circuit tsa lost mengert 2024 eleventh circuit tsa lost koletas 2025 dc circuit no decision koletas v united states eleventh circuit opinion pdf november 15 2025 2 federal judge during unlawful civil forfeiture government liable for seized property and false arrest civil asset forfeiture is a legal framework that allows the government to take money or other assets that it has probable cause to believe are connected to a crime meant to allow the government to drain the assets of drug cartels the law is now used to take cash wherever a law enforcement officer finds it and then make the owner prove it wasn t drug money if they want it back frequently this results in innocent citizens having to hire and pay for an attorney to force the government to return their money they usually do not get their attorney s fees paid back and often the government tries to settle the matter by offering a percentage of the money back to avoid a trial leaving the innocent owner to either take back a fraction of their cash or face the time expense and uncertainty of a trial further if the government detained you in the process of stealing your cash and you try to sue for false arrest or an illegal search they argue that a law immunizing the government when property was seized for the purpose of forfeiture under any provision of federal law see 28 u s c 2680 c 1 also immunizes them from any misconduct incident to the seizure including arrest and search my firm has been known for pressing back on that starting in 2021 when we got the return of a full 70 000 taken from a filmmaker traveling with cash and then an additional 15 000 settlement for false arrest but because that case and others ended in settlement a judge has never determined whether an individual who was detained for a nonsense civil forfeiture could sue for damages beyond the value of the property today u s district judge margo a rocconi in the u s district court for the central district of california ruled for my client who runs a legitimate licensed cryptocurrency exchange and has had dea agents harass him in airports on multiple occasions despite carrying paperwork proving his legitimacy allowing him to recover for false arrest despite my firm having already recovered 100 of his seized currency in an earlier proceeding ultimately the court makes the general finding that the detention of goods exception bars plaintiff s claims to the extent that they are based on the agent s seizure of plaintiff s cash but does not bar plaintiff s claims that they are based on the search of his bags or any temporary seizure of his person the court also refused tsa s backup argument which is that a brief stop of a traveler who is carrying large amounts of cash is legal because carrying large amounts of cash constitutes reasonable suspicion here plaintiff alleges that tsa noticed his cash and reported the cash along with his flight itinerary to the dea who stopped him at his arrival destination seemingly without conducting much further investigation given that plaintiff had registered both transactions with the u s department of treasury fac 10 13 44 47 these allegations invite the inference that dea stopped plaintiff solely on the basis of the large sum of cash he had in his luggage to find that plaintiff has failed to allege that the dea had no lawful basis to detain him on these facts would essentially require the court to find that a large sum of cash without more can constitute reasonable suspicion the court will not take such a leap now my client and everyone else stopped for no reason other than having cash can actually make himself whole and the government will be further discouraged from using a take first make them justify themselves later approach excellent white v u s opinion denying in part motion to dismiss pdf white v u s motion to dismiss pdf white v u s motion to dismiss opposition pdf white v u s motion to dismiss reply pdf may 7 2025 8 our court system isn t perfect but trump s disrespect for it is not helping respect for the rule of law isn t generally a partisan issue appreciation for career civil servants usually doesn t come only with an r or a d and yet i know i m likely to lose a lot of followers of this blog for saying some fairly simple things that two months ago would not have been controversial to say we shouldn t fire career prosecutors and law enforcement for political reasons or force them to use or refrain from using their powers for political purposes everyone should obey court orders and refrain from disrespecting judges by calling them corrupt or frauds just because we don t like a decision they ve made no one should be denied their rights without due process i assume most of us agree with these three points in theory yet far too many of my neighbors will refuse to call out trump for failing to uphold these basic tenets why is this why can t more people say i support a lot of trump s agenda and generally support the president but i wish he d do a few things differently nobody s perfect right frankly i ve never supported 100 of any politician s actions or even 90 of them but some refuse any criticism of the president they should reconsider as to the first of these points consider the scandal behind the criminal trial of new york city mayor eric adams the man knowingly took money from foreign agents through straw donors and that money resulted in his receipt of matching public funds he wasn t entitled to in other words he not only cheated during the election by taking illegal money but also literally stole from the taxpayer there s little question that he is guilty of this but because he agreed to change nyc s immigration policies the trump administration ordered prosecutors to dismiss the corruption case against him career prosecutors were outraged that a person they knew was guilty of a crime was being let off for political favors and at least 7 of them resigned rather than follow the order to file a motion to dismiss the deputy attorney general then publicly excoriated the most senior of them for not following his orders even though dismissing a case for political gain quite possibly would violate their oath of office we lost at least 7 good attorneys are are going to let a criminal walk free can we agree this is a bad thing similar nonsense happened in law enforcement for example fbi officials who were tasked with investigating not volunteered to but told it is their job to do so the january 6th riots were fired these were good people just doing their job surely you don t support this right as to the second i challenge you to find a response from the white house to a judge that paused a trump order that does not call the judge corrupt or a radical leftist or part of the deep state or should be impeached or similar such language in normal times an administration says we respectfully disagree with the holding of the court and will consider an appeal it is not normal to attack judges like this and suffice to say this administration has produced no evidence that any of these judges many of whom have been serving for decades is in any way corrupt this breeds contempt for duly commissioned judges and our justice system as a whole like trump or not you must admit that he is pushing the boundaries of his constitutional authority and it should be of no surprise that sometimes he is told by the courts no that s too far that is the system of checks and balances we have and if ultimately trump can t even get a u s supreme court with a 6 3 conservative majority to reverse these judges it should be crystal clear that it is not the judges but the president who is wrong as to the third what we are doing in regards to illegal immigrants is wrong not the fact that we re deporting them i am sure that most of those expelled by trump last weekend based on their alleged association with tren de aragua were dangerous people who should have been thrown out but why are we now trying to skip the courts do you really want a president to be able to simply say this person is a gang member and then have the authority to fly them to a foreign prison that is basically a concentration camp it turns out that at least one of them was probably falsely accused if you take comfort in the fact that it was only brown people being mistreated consider that we recently held a canadian in a squalid jail for a few weeks just because she didn t have the right paperwork with her when she got to the border she was forced to lay on freezing cement floors strip and pee in a cup for a nurse for a pregnancy test and drink water from a tap attached to a toilet the point here is that trump is not god nor is he a dictator he is subject to court orders just like you and me unless and until they are overturned by a higher court which again is packed with conservative judges so what is the problem if we let trump dismantle our justice system by firing prosecutors and law enforcement demeaning and ignoring judges and acting himself as judge jury and executioner the result will be the destruction of our constitutional system and ample suffering and in case it matters to you it will not only be brown people who will suffer it is my job as an attorney an officer of the court sworn to uphold the constitution to speak out when things are wrong in our justice system and i m telling you things are wrong march 20 2025 18 tsa loses on immunity for fifth time tenth circuit court of appeals holds tsa screeners can be sued under ftca last week the u s court of appeals for the tenth circuit was the fifth federal appeals court in a row to hold that tsa screeners are investigative or law enforcement officers a category of federal employees who may be sued for intentional misconduct like battery or false arrest under the federal tort claims act the decision was a 2 1 victory in mengert v u s argued by my firm on behalf of a woman who was strip searched by tsa screeners in oklahoma who alleged they were confused by a feminine hygiene product she was wearing the opinion in this case was unfortunately not all good news as the court also held that in oklahoma one can t recover for emotional distress claims unless their emotional distress is so severe that it for example affects their daily life this is bad news for those injured in oklahoma although attorneys seeking to recover in oklahoma should consider negligence battery and other tort claims that may still be viable though we will of course consider our options to challenge that overly strict standard for emotional distress there are twelve regional federal circuit courts of appeals and each one is precedential only for its own region so the government can try in each circuit to get a different decision but it is extremely rare for one circuit to go against a consensus of five undeterred tsa is now pursuing the same issue in the eleventh circuit likely to be heard on oral argument in march which i ll be arguing for a fourth client summary of the law by circuit first circuit no decision second circuit no decision third circuit tsa lost pellegrino 2019 fourth circuit tsa lost osmon 2023 fifth circuit no decision sixth circuit no decision seventh circuit no decision eighth circuit tsa lost iverson 2020 ninth circuit tsa lost leuthauser 2023 tenth circuit tsa lost mengert 2024 eleventh circuit oral arguments likely march 2025 koletas dc circuit no decision november 5 2024 4 tsa having lost immunity in four courts of appeals tries again twice more tsa loves arguing that it s exempt from federal tort claims act ftca lawsuits based on the misconduct of its checkpoint screeners the text of the ftca states that it only applies to intentional misconduct when committed by an officer of the united states who is empowered by law to execute searches to seize evidence or to make arrests for violations of federal law and tsa argues that checkpoint screening isn t really executing searches given that the ftca is the only viable way to redress checkpoint abuse in the courts it s no wonder that they give serious effort to this strategy despite it requiring er linguistical creativity to say that tsa screeners don t search every u s court of appeals to hear the matter and come up with a precedential ruling four so far ha...
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