A new lawsuit by American Airlines passengers Peter Williams and Mary Jane Williams filed in the Northern District of Texas on Wednesday says that a customer service dispute was turned over to law enforcement, and the husband was violently arrested, with all charges ultimately being dropped – and the whole ordeal was the fault of the airline, which added insult to injury by slapping a lifetime ban on his travel. They are also suing DFW airport as well.
On April 14, 2024, they were traveling from Evansville, Indiana to Phoenix via Dallas – Fort Worth. And they had a dispute with agents over the wife’s carry-on bags. She appears to have had 3 items, and was told she’d have to check one of them. She refused.
The airline called DFW Airport Police, and the lawsuit says that their employees made false or misleading statements to police, and escalated a routine dispute into the arrest.
By the time officers are engaging, the wife had apparently already been told she was denied boarding, and the officers treat that as a done deal:
- “They’re saying that we’ve been told that you’ve been denied boarding”
“You’re denied boarding.”
He keeps asking what exactly is the basis for this? He insists on knowing why they’re being denied boarding. He’s told “you’re denied boarding” and “this is not up for discussion.” That is, unfortunately, true. If you think you’re being unfairly treated, you’ll have to seek redress later (and that is difficult).
The officers didn’t seem clear on what caused them to be there in the first place, describing a “discrepancy” with the gate agent and that their “instructions maybe wasn’t clear.” The officer admits, “I don’t know when the instructions were said.” But they knew the passengers were told to leave and wouldn’t.
Peter Williams was arrested with force. An officer notes visible injuries: “You got two injuries right here.” After he’s taken down by officers, he keeps saying they have children to care for and need to get to Phoenix. Their kids need to go to school, and his mother-in-law who is caring for them will be leaving.
Here’s the arrest photo. Police bodycam video shows a prolonged argument, and repeated refusals to leave, which isn’t good for the passengers. But it also suggests this wasn’t a simple removal of disorderly passengers either.
“You need to walk with us or you’re going to be arrested.”
“You’re under arrest for criminal trespass and resistance.”
“Do not tase me.”
“You got two injuries right here.”
The video shows, I think, that the husband wasn’t really being told in a clean way that he had to leave or there would be consequences. At one point he is asked “Are you flying or not flying?” and says, “I am flying.” Later he insists he said yes when asked if he wanted to go back on the plane.
That doesn’t make him in the right exactly, but it seems like poor handling leading up to the escalation. Ultimately, the suit says American banned both passengers.
However, I don’t think the passengers have much of a case.
- They claim American sold them transportation and then wrongfully denied carriage, summoned police without justification, and imposed a future ban outside the limits of their Conditions of Carriage. American allegedly turned a customer service problem into a law enforcement problem through poor judgment, bad training, and false factual assertions.
- However, American has the legal right to refuse transportation under 49 U.S.C. § 44902(b) when the carrier decides a passenger “is, or might be, inimical to safety.” Courts generally give airlines broad discretion on safety-based removal and denial of boarding decisions. The decision to remove just has to be rational and in good faith and not arbitrary and capricious. The number of carry-ons seems like enough here, and their refusal to leave when asked is probably enough to support concern about further escalation inflight.
- And their Contract of Carriage supports this, saying the airline can refuse transport to passengers who are abusive, uncooperative, harassing, refuse instructions, or otherwise pose a risk or disruption.
- The Airline Deregulation Act preempts state laws “related to” an airline’s prices, routes, or services. Boarding, removal, and ticketing are “services.”
- Even if American initiated the complaint, police made the arrest decision and prosecutors handled the charges. That usually breaks causation unless the private party knowingly supplied false information that caused the arrest or prosecution. The plaintiffs really do need to prove, I think, that airline employees lied to get him arrested.
American Airlines sent a passenger to jail for 17 days for a crime he didn’t commit. It was only after strip searches, seeing other inmates punched in the face and bloodied, and living in filth that he was finally released – and when his lawyer finally got prosecutors to compare surveillance photos to the man. They immediately dropped charges.
The passenger’s ensuing lawsuit was dismissed because “the airline and its then-employee did not have a duty to protect him from false arrest or keep his information from law enforcement when lawfully subpeonaed.” It’s hard to sue an airline for an arrest!
Officers don’t always do what crew tell them to do, though. Here an American Airlines flight attendant barricaded herself in the galley, called police on first class passengers – and officers laughed when they arrived.
It’s unfortunate when customer service issues get outsourced to law enforcement to handle. The explanation from the airline’s employees probably wasn’t clear or patient enough here. But I do not think American Airlines is going to be responsible for a police decision to make an arrest, or the level of force they use when doing so.
This isn’t David Dao being dragged off a United Express aircraft and bloodied, either, in terms of harm or moral force. Most people felt he was in the right, that once he was seated that was his seat and he shouldn’t have had to move. Department of Transportation rules adopted after that incident even reinforce that view. Here one of the passengers apparently did have more carry-on bags than permitted, and wouldn’t give one up.
Oh, man… @Peter, @Mary, hope that wasn’t you guys.
I will say, P2 tries this sometimes… rolly carry-on, small backpack, and purse… and, it’s mostly fine, but the second she’s caught, it’s like, c’mon, gotta comply, consolidate it, and move on, as efficiently and respectfully as possible. Thems the rules.
To lead to arrest is a bit much, and feels like either the couple needlessly escalated, or simply a power-hungry gate-agent seeking to exact a punishment, or both.
Is it just me or does it appear that American Airlines answer to all minor disputes is to ban the passenger for life? That seems a very poor business practice. Airlines are vying for Customer loyalty these days, and banning for life every time a Customer questions an order by an Employee, appears to be counter productive to their bottom line.
Flying is a privilege, not a right. If you don´t want to follow the rules or instructions of the airline you won´t be able to fly. Either do what the airline tells you to do, or you stay home. It´s that simple. Yes, you pay $$$ for the privilege of being told what to do in the hoped for exchange of being transported from point A to point B in a reasonable amount of time. I wonder if other forms of public transport (train, boat, bus, taxi, etc.) have the same number of headache incidents.
Simple, follow the rules, check the damn bag people. You bring this nonsense on yourself!