Aaron Tobey, a student at the University of Cincinnati, was passing through Richmond International Airport in Virginia last December when he opted out of going through the controversial "naked body scanner" advanced imaging machines and requested an enhanced pat-down. As he went through airport security, Tobey took off his pants and shirt to reveal an abbreviated version of the Fourth Amendment scrawled across his chest in magic marker.
The federal civil rights lawsuit that was filed on Tobey's behalf by the Rutherford Institute, a civil liberties group, claims Tobey's First Amendment and Fourth Amendment rights were breached when the student was handcuffed and held for roughly 90 minutes after being detained on charges of disorderly conduct.
"Tobey was unduly seized by government agents in violation of the Fourth Amendment, despite the fact that he did nothing to disrupt airport routine," says John W. Whitehead, president of the Rutherford Institute in a statement.
According to the suit, authorities interrogated Tobey "about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were."
Tobey was on the way to Wisconsin for his grandmother's funeral when he made the magic marker protest. Despite the detainment, he made his flight.
On January 10, it was reported that the disorderly conduct charges against Tobey were dropped.
Tobey did not respond to an e-mailed request by AOL News for an interview.
Image of Aaron Tobey courtesy Henrico County Police.
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