TSA and DEA seized and confiscated $82,373 in cash from the plaintiff’s carry-on as she boarded a domestic flight in Pennsylvania in August 2019. Visiting her father for the weekend, she had learned that he had stored his life savings, in cash, in numerous envelopes hidden in his home. She offered to deposit the money in a new account she planned to create for him, but the cash was seized before she could deposit it. On January 21, 2020, she and her father filed this lawsuit in the United States District Court for the Western District of Pennsylvania, alleging that the agencies had confiscated her father's property without suspecting or accusing her of a crime. The plaintiffs, represented by the Institute for Justice, claimed that TSA had acted beyond its statutory authority (49 U.S.C. §114 and §§44901-2), and that both TSA and DEA had violated her Fourth Amendment rights, by confiscating her property without probable cause. The case was assigned to Magistrate Judge Lisa Pupo Lenihan.

The plaintiffs sought certification of two classes: a “TSA Class” of air travelers from January 15, 2014 onward whose property or person was seized by TSA because of a "large amount" of currency in their possession; and a “DEA Class” of air travelers from January 15, 2014 onward whose property was seized by DEA because they were traveling with at least $5,000 in currency. For both classes, the plaintiffs sought class-wide declaratory and injunctive relief against the agencies. Individually, they sought the return of the $82,373, along with compensatory damages and costs and fees.

In February 2020 DEA offered, without explanation, to return the money.

On May 29, 2020, both agencies moved to dismiss for lack of jurisdiction and failure to state a claim. As of June 9, 2020, those motions are pending.

Gregory Marsh - 06/09/2020


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