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tests that would have prevented the 2021 incident passengers were treated to an engine fire that pilots could not put out until landing causing panic and fear of death today my firm filed suit on behalf of the passengers of united 1158 departing from lax on a 777 200 on june 21st 2023 like the 2021 incident passengers heard an explosion shortly after takeoff moments later the cabin filled with smoke and passengers said goodbye to loved ones as the plane attempted an emergency landing although this plane landed without physical injury 260 passengers walked away traumatized suffering nightmares flashbacks and panic attacks many who complained were offered a few hundred dollars in united travel vouchers as compensation for this ptsd inducing incident it turns out it was not even the first time this year that this particular airplane had engine failure on february 4th 2023 an engine shut down mid flight another united 777 200 had smoke in the cabin during flights twice in 2016 and 2017 yet another united 777 200 had engine failures during flights twice in 2016 and 2017 two more united 777 200s both had an engine shut down in flight in 201 5 and 2017 and so on while planes can and often do land without physical injury when one engine malfunctions this is an extremely dangerous state for these planes to be in and it is a matter of time before a catastrophic failure occurs that ends in tragedy but even absent a fiery crash americans should not be forced to wonder whether their plane s engines can safely make it to their destination and be subjected to a terrifying experience when they fail united should retire these planes immediately but they won t until the cost of lawsuits is greater than their profits from using these planes carroll v united 23 cv 8236 c d cal class action complaint pdf october 1 2023 0 is it really impossible to get a gun license in nyc part xv returning to the court of appeals this is the fifteenth installment of a series documenting an ordinary new yorker attempting to exercise his second amendment rights part i license application part ii application rejected part iii the lawsuit part iv appeal filed part v appellate briefing complete part vi n y appeals court not interested in ending nypd corruption part vii corruption you can t prove it part viii appeal to n y high court part ix n y court of appeals won t hear part x federal lawsuit filed part xi federal court refuses challenge part xii u s court of appeals part xiii no help from second circuit part xiv supreme court strikes down proper cause total time spent so far 142 hours total money spent so far 4 102 it s been more than a year since the u s supreme court struck down new york s corrupt proper cause requirement wherein only those whom the licensing officers deemed had a good reason to exercise their constitutional right to bear arms were permitted to do so in anticipation of the ruling i filed a new application a couple months before the ruling so in theory i should have my license by now right of course not in the wake of the supreme court s decision n y gov kathy hochul crammed through legislation called the concealed carry improvement act in addition to futility such as declaring times square to be a gun free zone seems criminals didn t get the memo ccia was designed to make it as difficult as possible to obtain a license to that effect it contains three particularly unconstitutional requirements 1 mandatory disclosure of all social media accounts used in the last three years 2 four letters of recommendation from others and 3 18 hours of training the social media requirement is particularly odious it stands no chance of helping to keep guns from dangerous people because dangerous people will simply not disclose the social media accounts they use to express their dangerous views sure a licensing officer might find that account anyway but that was already possible without ccia on the flip side now if you have an onlyfans you re required to let the police look at your body before you can exercise your rights just as those who may anonymously use social media to discuss medical issues their sexual orientation or their fetish preferences must bare themselves to the police department the other two requirements fare no better reference letters require outing one s self as a future gun owner in a city where doing so is in many scenes socially unpopular and re introduces the same sort of approval of others to use your rights requirement the supreme court just struck down and the training requirement serves no purpose other than to discourage applicants it is the longest training regimen of any state and there simply is not 18 hours worth of conversation to be had about responsible gun ownership explaining when deadly force is legal safe gun storage and the like simply does not require more than a few hours i support reasonable pre licensure training to ensure that everyone who owns a gun understands their responsibilities but that s clearly not the intent or effect here so i challenged these three requirements in u s district court last july and u s district judge lorna schofield denied my request to enjoin all three of them as to the first two the state argued that they would not apply them to those who applied before ccia took effect and therefore i had no standing of course i would be required to follow those requirements on license renewal but that happening she ruled was too far away that said at least i have a commitment that my application will be processed without these requirements for now as to the training requirement the standard set by the supreme court for when a gun restriction is lawful is that there must be a tradition of similar laws at the time the second amendment was written a so called historical analog obviously gun licenses didn t exist at the time and so the state argued that since militia membership was required and militia membership required gun training that this is analogous to ccia s training requirement i ve appealed to the u s court of appeals for the second circuit explaining why this is nonsense first as the government concedes mandatory militia membership requirements applied only to 1 able bodied 2 male 3 citizens of the state 4 within a certain age range people who were disabled or otherwise not physically able to serve in the militia were not prohibited from carrying concealed weapons or required to partake in supplemental training neither were women nor were those outside of the 30 year age range where service was expected nor were those who lived in a state without being a citizen thereof these exceptions entirely swallow the analogy as more than half the population is female and a substantial percentage of the remaining male population would have been physically unfit to serve a non citizen or of an excluded age beyond that militia gun training serves the opposite purpose teaching how to kill people with guns rather than educating to prevent gun deaths and was entirely unconnected to gun ownership that is failure to participate in the militia did not result in disenfranchisement of gun rights it is simply not an analogous restriction on gun rights my appeal is now fully briefed and likely to be scheduled for oral arguments in the fall in the meantime the nypd is slow walking all license applications and mine has not even been scheduled for an interview by this time now 15 months later although the tide is turning at this time it is still impossible to get a gun license in new york city corbett v hochul appellant s brief pdf corbett v hochul appellee s brief nyc pdf corbett v hochul appellee s brief nys pdf corbett v hochul reply brief pdf july 24 2023 4 ninth circuit holds government liable for tsa misconduct at airport checkpoints in a second victory for travelers this year the u s court of appeals for the ninth circuit held 3 0 that the federal tort claims act allows lawsuits against the government when tsa screeners violate passengers two months ago the fourth circuit held the same and previously the third and eighth circuits took the same path in 2019 and 2020 respectively oral arguments in leuthauser in san francisco ca i was pleased to represent michele leuthauser in both the district court and appellate court the court aptly summed up her experience as follows leuthauser was told that she had to submit to a groin search leuthauser then entered a private room with two tsos including defendant anita serrano leuthauser was directed to stand on a floor mat with footprints painted on it to show where to place her feet leuthauser alleges that tso serrano directed her to spread her legs far more widely than the footprints indicated tso serrano then conducted a pat down during which tso serrano slid her hands along the inside of leuthauser s thighs touched her vulva and clitoris with the front of her fingers and digitally penetrated her vagina one would think that under such circumstances it would be obvious that the screener or her employer would be on the hook for such egregious conduct but the government attempts to combine two laws to preclude any lawsuits against anyone first the westfall act allows the government when one of its employees gets sued for on the job conduct to say sue us instead of the employee this would not be a problem the treasury is more likely to pay a judgment than a random tsa employee anyway except they next use the federal tort claims act which basically says among other things the government can t be sued for certain conduct in this case it s assault and battery when committed by anyone other than an investigative or law enforcement officer so the argument is 1 you have to sue only the government but 2 the government isn t liable luckily now four appellate courts have concluded that tsa screeners are investigative or law enforcement officers i wrote more about this when the fourth circuit ruling came out in april for those interested in the details but suffice to say if your local letter carrier social security clerk or receptionist at a va hospital doesn t like your attitude and punches you in the face you may have no recourse so long as the government protects the employee with the westfall act because they are not investigative or law enforcement officers but the law is now clear tsa screeners are and the government may be sued for their intentional and negligent misconduct leuthauser v united states 22 15402 reversed remanded pdf june 26 2023 5 u s court of appeals clears path to lawsuits against abusive tsa screeners in 2012 a tsa screener refused to allow me to leave a checkpoint after i told him i wouldn t consent to having him touch my genitals he told me i would be forcibly searched called the police and spent 45 minutes tearing apart my baggage looking for drugs tsa screeners of course have no authority to conduct a detention a forcible search or a search for drugs i sued tsa that year long before i had even started law school and the u s court of appeals for the eleventh circuit held against me without allowing oral arguments as is traditional because they said the law under which i sued only applied to investigative or law enforcement officers and tsa screeners are not officers this despite their badge reading u s officer their job title being transportation security officer and obviously meeting the statutory definition which was one empowered by law to execute searches to seize evidence or to make arrests fast forward a decade a law degree and a law license later and two u s courts of appeals have held the opposite and today i m proud to announce that the fourth circuit joins them in a unanimous opinion in osmon v united states 22 2045 a case i argued on behalf of a woman who was sexually assaulted on video right at a checkpoint while the tsa screener commented on how short her shorts were the government disagrees insisting the relevant language covers only searches that are part of criminal law enforcement u s br 21 quotation marks omitted per the government the law enforcement proviso permits suits for battery only when the officer could perform a criminal investigatory search rather than an administrative search which takes the form of an inspection or screening u s br 26 the problem with the government s argument is that it reprises a tactic the supreme court has already rejected read ing into the text additional limitations designed to narrow the scope of the law enforcement proviso millbrook 569 u s at 55 the word criminal appears nowhere in the law enforcement proviso let alone as a modifier of searches see 28 u s c 2680 h here as elsewhere we may not narrow a provision s reach by inserting words congress chose to omit lomax v ortiz marquez 140 s ct 1721 1725 2020 having joined the third circuit in pellegrino v united states 15 3047 3rd cir 2019 en banc and iverson v united states 8th cir 2020 there are now 15 states where tsa may no longer use the we re not officers defense because the eleventh circuit did not publish their opinion in my 2012 case it is non precedential and lawsuits may proceed in all 35 other states where tsa will have an uphill battle convincing courts to apply different logic suffice to say i am ecstatic to open the courthouse doors for all injured by abusive feds i am thrilled to bring my client closer to getting some justice for this brazen misconduct and i feel personally vindicated after having been swept out the courthouse door a decade ago by judges who frankly did not want to deal with a pro se litigant challenging the government s status quo my firm continues to handle cases of checkpoint abuse and i encourage anyone violated by tsa at the checkpoint to get in touch osmon v tsa reversed remanded pdf april 18 2023 8 posts navigation older posts search search coronavirus litigation gun rights law school legal rants nightlife rights no surveillance state month nsa nypd tsa tsa assorted assholery tsa lawsuit tsa video journalism uncategorized donations please consider donating to our battles against the tsa donate via paypal venmo chase quickpay bitcoin or check tsa loses immunity in eleventh circuit doing away with only appellate decision in its favor federal judge during unlawful civil forfeiture government liable for seized property and false arrest our court system isn t perfect but trump s disrespect for it is not helping tsa loses on immunity for fifth time tenth circuit court of appeals holds tsa screeners can be sued under ftca tsa having lost immunity in four courts of appeals tries again twice more type your email subscribe copyright 2010 2023 jonathan corbett all rights reserved except where otherwise indicated linking to any content is freely allowed and the how to get anything through tsa nude body scanners video may be re broadcast with attribution without additional permission professional troublemaker is a registered trademark of jonathan corbett jon corbett is an attorney but probably not your attorney nothing ...