PA 301: ADMINISTRATIVE LAW
UNIT 8 DISCUSSION INSTRUCTIONS
Sam Smith is a business owner who frequently travels internationally. He is a large man with wavy black hair and a heavy beard, and while he is of European descent, he is frequently mistaken as Middle Eastern.
When Sam was checking in at the Los Angeles airport for a business flight to Spain, an employee of the Transportation Security Administration (TSA) decided that, because Sam had no carry-on baggage and was dressed in a business suit, he appeared suspicious.
The employee detained Sam for more than 2 hours in a locked room, causing Sam to miss his flight. During the period Sam was detained, he was not permitted use of a telephone and was handcuffed.
Sam has retained the attorney, for whom you work, to bring an action for damages under 42 U.S.C. § 1983. Answer the following questions:
Do you think Sam will prevail in a 42 U.S.C. § 1983 cause of action against the TSA? Why, or why not?
In addition to a 42 U.S.C. § 1983 cause of action, what other cause(s) of action may be available to Sam? Do you think Sam will prevail? Why, or why not?
What remedies, if any, are available to Sam for the causes of action you discussed?