TN VANDERKLOK V. UNITED STATES, the Third Circuit ad- Xdressed the issue of whether a First Amendment claim for retaliatory prosecution could be brought against an agent of the Transportation Security Administration (TSA) in the context of airport security screenings—a question of first impression. Any action brought under the Constitution against a federal official is known as a Bivens action. In Vanderklok, the Third Circuit declined to extend the coverage of a Bivens action to include a remedy against TSA screeners who retaliate against a traveler who exercises their First Amendment rights.
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