Stacey Armato, the mother who was detained by TSA agents in Phoenix last February when she asked for “alternate” screening for her pumped breast milk, has filed a TSA Tort Claim Package, the last step before she can file a lawsuit against the government employees who she claims detained her in retaliation for filing a complaint against them. Under the Federal Tort Claims Act, in order to sue the United States government or its employees for certain claims one must exhaust all remedies available to you by the relevant government agency. Armato, who is due to give birth to her second child on December 25th, plans to file a lawsuit against the TSA and the individual agents as soon as it is legally possible.
According to Armato’s complaint filed with the TSA concerning what happened when she presented her pumped breast milk for screening at the Phoenix airport on February 1st:
All the same TSA parties were present from the week before surrounded [stet] me . I was demanding an explanation and wanted to speak with the manager but was refused. I was told to be quiet and do as I was told or I wasn’t going anywhere. I felt like a caged animal, stared at by multiple TSA agents and other travelers. After 15 or 20 minutes, my anger turned to tears. I couldn’t stop crying. I felt harassed, degraded, violated, falsely imprisoned, and retaliated against.
Finally, three Phoenix police department officers came. One … came in to tell me that I needed to calm down or TSA could have me arrested. He instructed me to go through alternate gates for security on my following trips because they seemed to have it out for me. He said these TSA agents saw me coming, remembered me from the week before, and wanted me to play along with their ‘horse and pony’ show or they would have me arrested.
Armato alleges as well:
The incident on February 1, 2010, was an obvious retaliation against me for lodging a complaint with the TSA the previous week. It is absolutely unforgiveable that these TSA agents would hold me like a caged animal in an apparent act to “teach me a lesson.” The TSA agents knowingly, and willfully, disregarded their own rules and regulations. I was placed in a glass enclosure, in full view of all the other passengers. I was continuously yelled at, talked down to, and threatened with arrest if I did not adhere to the TSA agents’ demands. The TSA agents, as well as the TSA itself as employers of these individuals, is liable for intentional infliction of emotional distress, negligent infliction of emotional distress, battery, assault, trespass to chattel, false imprisonment, and civil harassment, among other causes of action
While news agencies have reported receiving a statement from the TSA claiming that Armato accepted its apology concerning the incident, Armato maintains she has received no apology.
Amato’s story and the TSA video of her detention has gotten a great deal of press. Has the TSA’s treatment of Armato changed your plans for travel? How do you think you might behave if you were in Armato’s position?
Sustainable Mothering will continue to present the latest on this case, as well as other incidents involving the TSA that impact parents. Stay tuned.
