Judge Considering Dismissal of Airport Stripper’s Lawsuit

By LARRY O'DELL
|  Wednesday, Aug 10, 2011  |  Updated 4:47 PM EDT
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Judge Considering Dismissal of Airport Stripper’s Lawsuit

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A judge said he will take a couple of weeks to decide whether to dismiss a lawsuit filed by a man who was arrested after stripping to his shorts at a Richmond International Airport checkpoint to protest security procedures.

U.S. District Judge Henry Hudson in Richmond heard arguments on a motion to dismiss Wednesday. He tentatively set the case for trial Jan. 18.

Aaron Tobey, 21, of Charlottesville was detained Dec. 30 after partially disrobing to display the text of the Constitution's Fourth Amendment written on his chest. Tobey claims airport security procedures violate the amendment's protections against unreasonable search and seizure.

A disorderly conduct charge ultimately was dropped, but Tobey claims in his lawsuit against federal officials and airport police that the arrest violated his constitutional rights.

Homeland Security Secretary Janet Napolitano and John Pistole, administrator of the Transportation Security Administration, who are among the defendants, argue that they are immune from such lawsuits.


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