shaw bransford & roth case law update

Federal Circuit Denies Petition for Rehearing in Drug Test Case

An employee who was removed from federal employment as a result of a positive drug test appealed his removal. After the removal was sustained by a Merit Systems Protection Board (“MSPB”) administrative judge and a panel at the Federal Circuit Court of Appeals, the employee petitioned the appeals court for panel rehearing and rehearing en banc. On August 31, 2018, the appeals court denied his petitions, with two appeals court judges dissenting from the majority’s decision.

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shaw bransford & roth case law update

Third Circuit: No Sovereign Immunity Waiver Under FTCA for Transportation Security Officers

The Third Circuit Court of Appeals affirmed a lower court decision dismissing a tort claim filed under the Federal Tort Claims Act by an airline traveler who was arrested after an alleged altercation with Transportation Security Officers (“TSOs”). The appeals court held that the United States did not, through the Federal Tort Claims Act (“FTCA”), waive sovereign immunity from tort claims made against TSOs, who were not “investigative or law enforcement officers.”

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