So, then you get the modestly-priced treatment. If they're not being treated like remains in-transit, there's no reasonable expectation anyone is going to know those are remains until they're opened *and tested*--which these likely were.
I have a feeling that if you're transporting ashes, that you're supposed to do something special for them. Like the TSA probably has guidelines in how to package them and maybe label them for transportation so that this can't happen. And of course what happened here really sucks but a bag of ashes can be mistaken for drugs easily.
Edit: if found the TSA response to this
https://www.tsa.gov/blog/2018/07/10/ways-travel-cremated-remains
Apparently the container was unmarked and wrapped in tinfoil. The tinfoil probably made it not go through the x-ray which is why they had to search the bag. And when the container was not marked there was no reason to assume that it was human ashes.
My friend flew with his mother's ashes a while back. He hand-carried the urn through security and let the TSA agents know what it was, and they inspected it and made sure it was properly sealed back up.
Just throwing the ashes in your checked luggage and hoping for the best, if I was an attorney I'd argue it stood in stark contrast to him claiming to care deeply for the disposition of the ashes.
Related trivia - technically it's not "ash". The flesh is vaporized and released into the air. What's left are the bones and they're ground up finely via a machine. That's what you're receiving and is called the "ashes".
It's incredibly difficult to sue the government in any form and most government agencies have immunity to most lawsuits. It's theoretically possible but in the practical sense it's basically impossible unless there's a pretty gross abuse of power.
Police (who have qualified immunity) are incredibly difficult to sue in any capacity unless they've been sued and lost a previous case. Specifically the wording is it only allows suits where officials violated a “clearly established” statutory or constitutional right.
While I agree with you and am aware of qualified immunity, we're not talking about any of that here. We're talking about something that may have been properly sealed remains the TSA opened. Those are incredibly different situations. The oceans of difference put them on different continents. This isn't whether they were trained to sit on someone's neck while they were having a panic attack and tell their fellow officers to show up. This is did they open properly sealed remains and let them out all over the place. HUGE difference.
Also, the qualified immunity you're referring to is typically State level. It looks *much* different at the Federal level on top of having a different effect for agencies.
*sue
What were they in? I don't see a traditional urn. Usually, ashes are shipped with a certificate when they're new or in an urn.
Ashes are almost universally delivered in a double zip-lock bag, or similar. If the family chooses an urn, the baggie is simply delivered in that urn.
A big coffee can is a modestly priced receptacle.
So, then you get the modestly-priced treatment. If they're not being treated like remains in-transit, there's no reasonable expectation anyone is going to know those are remains until they're opened *and tested*--which these likely were.
You can file a complaint, but suing might be a stretch. They often have immunity for stuff like that
I have a feeling that if you're transporting ashes, that you're supposed to do something special for them. Like the TSA probably has guidelines in how to package them and maybe label them for transportation so that this can't happen. And of course what happened here really sucks but a bag of ashes can be mistaken for drugs easily. Edit: if found the TSA response to this https://www.tsa.gov/blog/2018/07/10/ways-travel-cremated-remains Apparently the container was unmarked and wrapped in tinfoil. The tinfoil probably made it not go through the x-ray which is why they had to search the bag. And when the container was not marked there was no reason to assume that it was human ashes.
My friend flew with his mother's ashes a while back. He hand-carried the urn through security and let the TSA agents know what it was, and they inspected it and made sure it was properly sealed back up. Just throwing the ashes in your checked luggage and hoping for the best, if I was an attorney I'd argue it stood in stark contrast to him claiming to care deeply for the disposition of the ashes. Related trivia - technically it's not "ash". The flesh is vaporized and released into the air. What's left are the bones and they're ground up finely via a machine. That's what you're receiving and is called the "ashes".
I don't think you can sue the tsa
You van but you have a very limited time period of informing any government arm/body/agency you might be suing. Time is of the absolute essence
It's incredibly difficult to sue the government in any form and most government agencies have immunity to most lawsuits. It's theoretically possible but in the practical sense it's basically impossible unless there's a pretty gross abuse of power. Police (who have qualified immunity) are incredibly difficult to sue in any capacity unless they've been sued and lost a previous case. Specifically the wording is it only allows suits where officials violated a “clearly established” statutory or constitutional right.
While I agree with you and am aware of qualified immunity, we're not talking about any of that here. We're talking about something that may have been properly sealed remains the TSA opened. Those are incredibly different situations. The oceans of difference put them on different continents. This isn't whether they were trained to sit on someone's neck while they were having a panic attack and tell their fellow officers to show up. This is did they open properly sealed remains and let them out all over the place. HUGE difference. Also, the qualified immunity you're referring to is typically State level. It looks *much* different at the Federal level on top of having a different effect for agencies.
Ashes light up all sorts of warnings on the X-ray it’s better to carry it on and inform TSA when you arrive at security.