Sam Smith is a business owner who frequently travels internationally. He is a large man with wavy black hair and a heavy beard, and while he is of European descent, he is frequently mistaken as Middle Eastern. When Sam was checking in at the Los Angeles airport for a business flight to Spain, an employee of the Federal Air Transportation Security Department decided that, because Sam had no carry-on baggage and was dressed in a business suit, he appeared suspicious. The agent detained Sam for more than 2 hours in a locked room, causing Sam to miss his flight. During the period Sam was detained, he was not permitted use of a telephone and was handcuffed.
Sam has retained the attorney for whom you work to bring an action for damages due to these events. Consider the following:
What kind of action should Sam bring? Who should the defendant(s) be? What remedies are available? Do you think Sam will prevail in an action against the agency? Why, or why not? Be sure to justify your answer.
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