Vanderklok v. United States

140 F. Supp. 3d 373, 2015 U.S. Dist. LEXIS 132215, 2015 WL 5729281
CourtDistrict Court, E.D. Pennsylvania
DecidedSeptember 30, 2015
DocketCIVIL ACTION NO. 15-00370
StatusPublished
Cited by6 cases

This text of 140 F. Supp. 3d 373 (Vanderklok v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vanderklok v. United States, 140 F. Supp. 3d 373, 2015 U.S. Dist. LEXIS 132215, 2015 WL 5729281 (E.D. Pa. 2015).

Opinion

MEMORANDUM

PAPPERT,- District Judge

Plaintiff Roger Vanderklok (“Vanderk-lok”) attempted to pass through an airport [377]*377security checkpoint with a carry-on bag containing, among other things, a type of watch encased in a section of plastic pipe. Not surprisingly, agents of the Transportation Safety Administration (“TSA”) noticed the “anomaly” in the x-ray screening and asked Vanderklok to wait while the bag was searched and its contents examined. Vanderklok was detained by the TSA, arrested by the Philadelphia Police and subsequently charged with three crimes. He was acquitted at trial of all charges filed against him.

Vanderklok then sued the United States of America (“United States”), the TSA, TSA Agent Charles Kieser (“Kieser”), the City of Philadelphia (“City”), Philadelphia Police Officers Raymond Pinkney (“Pinkney”), Michael Wojciechowski (“Wojciechowski”), and Kenneth Flaville ‘(“Flaville”) (collectively, the “Individual Officers”), Department of Homeland Security Secretary Jeh Johnson (“Johnson”), and former TSA Administrator John S.' Pistole (“Pistole”). Before the Court are two separate motions to dismiss Vanderklok’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6): one filed on behalf of the City; the other filed on behalf of the Individual Officers. - (ECF Nos. 26, 27.)1 The Court grants both Motions.

I.

On January 26, 2013, Vanderklok ar-l’ived at Philadelphia International Airport for a flight to Miami, Florida where he was scheduled to run a marathon the following day. (Am. Compl; ¶¶ 2, 25, ECF No. 22.) Vanderklok proceeded to the TSA security checkpoint and placed his carry-on bag through the x-ray screening device. (Id. at ¶ 25.) Though Vanderklok walked through the metal detector without incident, a TSA official asked Vanderklok to step aside for additional • examination of his bag. The Amended Complaint describes Vanderk-lok’s bag and contents as a carry on bag containing a heart monitoring watch, some Power Bars,2 running gear and his laptop computer. (Id. at ¶¶ 2, 25.) The TSA official then asked Vanderklok to submit to additional screening because “apparently [the TSA] saw the heart monitoring watch and the Power Bars and thought they looked like the components of an explosive device.” (Id. at ¶ 27.)

Vanderklok then alleges that “the TSA officials viewing the screen and handling his bag were talking about the watch and the case it was in.” (Id.) The “case” it was in is riot described or defined anywhere in the Amended Complaint, though it is described in Wojciechowski’s Arrest Report (the “Arrest Report”), attached as Exhibit A to the Amended Complaint. The Arrest Report mentions the “anomalies which appeared to be components of a pipe bomb.” (Id. at Ex. A.) Pinkney’s handwritten “75-48” Report (the “Complaint Report”), also included as part of Exhibit A' to the Amended Complaint, describes the “case” as a “PCP [sic] pipe w/ watch inside.”3 (Id.)

[378]*378During the course of the inspection, TSA officials asked Vanderklok about “organic material” contained inside his bag. (Id. at ¶ 28.) Not knowing that the TSA officials were referring to the Power Bars, Vanderklok told them that he did not believe he had any “organic material” inside his bag. (Id. at ¶ 29.) After finding the Power Bars, the TSA officials ran an “explosive trace detection test” on them, which came back negative. (Id. at ¶ 30.) Throughout the interaction with the TSA officials, Vanderklok assured them that he was not a threat and that his bag.contained “just [his] running stuff.” (Id. at ¶ 28.)

Kieser was one of the TSA officials at the scene who interacted with Vanderklok about the search of the bag. According to the Amended Complaint, Kieser grew “agitated” with Vanderklok during the course of this discussion for not knowing that the Power Bars were “organic material.” (Id. at ¶ 31.)

. After the TSA had finished inspecting the bag, Vanderklok, who “did not appreciate the way he was spoken to [by Kieser],” told Kieser that he wanted to file a complaint and asked for a form so that he could document what he believed. to be Kieser’s inappropriate and aggressive behavior. (Id. at ¶¶ 4, 34.) Vanderklok alleges that as a result of this request, Kieser called the Philadelphia Police and “made a string of untrue statements claiming Plaintiff made comments that he did not, knowing that it would result in an illegal seizure and arrest of Mr. Vanderklok.” (Id. at ¶ 36.) Vanderklok further alleges that Kieser then directed another TSA agent to “watch” him until the Philadelphia Police arrived. (Id. ¶ 36.)

Pinkney was the first police officer to respond to Kieser’s call. When Pinkney arrived, Kieser told him that Vanderklok had “angrily said to [Kieser] that ’anybody can bring a bomb and .you wouldn’t even know it.’” (Id. at ¶¶ 7, 35.) Pinkney then “without any investigation” placed Van-derklok under arrest and took him into police custody. (Id. at ¶ 37.) Pinkney handcuffed Vanderklok and walked him to an elevator in the airport, which they rode to a basement “cell-room.” (Id. at ¶ 64.)

Pinkney took Vanderklok’s belongings and placed him in a cell until he was transported by vehicle to another cell at the Philadelphia Police District for additional processing by. Wojciechowski. (Id. at ¶¶ 64, 66.) Oncé there, Vanderklok overheard a conversation among Wojciechowski and other police personnel about making sure to get “the right A.D.A.” to review the case and approve the charges. (Id. at ¶ 66.) Vanderklok also alleges that he heard statements about being sent to “Guantanamo.” (Id.) The Police released Vanderklok from custody after almost 24 hours, and after taking his fingerprints and photograph. (Id. at ¶ 67.)

At some point on the day of the arrest, Pinkney prepared two documents, the Complaint Report and a “Uniform Police Memo to S.W.D.D.” (the “Memo”).4 (Id. at ¶ 61, Ex. A.) The Complaint Report recounts the facts as relayed to Pinkney:

R/C Threats. Below passenger’s carry on bag was being checked by TSA because he had a PCP [sic] pipe w/ watch inside. Passenger became frustrated and said anybody can bring a bomb in here and nobody would know. Police was called and passenger was taken into custody for investigation. TSA Supervisor Kieser heard the comment.

(Id. at Ex. A (underlining in original).) The Memo reflects a similar recitation of [379]*379events.5 (Id.) Vanderklok alleges that Pink-ney relayed to Wojciechowski that Van-derklok told Kieser: “I could bring a bomb through here any day of the week and you would never find it.” (Id. at ¶ 7, Ex. A.)

Wojciechowski’s Arrest Report, dated February 12, 2013, reflects a summary of interviews he conducted with Kieser and Pinkney after the incident took place. In the “Interview Summary” from his discussion with Kieser, Wojciechowski transcribed Kieser’s complaint as follows:

After the passenger became loud towards the screening officer, the Complainant went to try and calm the situation, the Complainant explained what they were looking for and why the bag had to be checked. The passenger (the defendant) then stated, “I could bring a bomb through here any day of the week, and you would never know it.”...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Castro v. Debias
M.D. Pennsylvania, 2025
THOMAS v. WEISS
D. New Jersey, 2024
McMillan v. Lycoming County
M.D. Pennsylvania, 2024
Roger Vanderklok v. United States
868 F.3d 189 (Third Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
140 F. Supp. 3d 373, 2015 U.S. Dist. LEXIS 132215, 2015 WL 5729281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanderklok-v-united-states-paed-2015.