Thread: Bias suit against US Airways upheld

Bias suit against US Airways upheld

By Audrey Hudson
November 21, 2007

A federal judge has ruled that a lawsuit filed by a group of imams against US Airways and a Minneapolis airport can proceed.

U.S. District Judge Ann Montgomery said in a 41-page opinion late yesterday that the imams, who say they were discriminated against when they were removed from a flight last year, have a plausible claim that their constitutional rights may have been violated.

The imams "have adequately stated a claim" that airport police may have "seized plaintiffs in violation of their Fourth Amendment right to be free from unreasonable searches and seizures," Judge Montgomery ruled.

"This preliminary victory shows that any American can have a day in court," said Omar Mohammedi, attorney for the imams.

"The case is about civil rights violations and constitutional principles that we all cherish. Our judicial system has always been, and will remain, the hope for all minorities who seek to redress civil rights violations," Mr. Mohammedi said.

However, the judge dismissed two of the imams' complaints. The imams had argued that they suffered from emotional distress as a result of the incident, and one of the imams said he was discriminated against because he is blind.

US Airways says the captain's decision to remove the men from the flight "was not arbitrary and capricious" but that he relied on a passenger's note saying the men had made anti-American comments and sat in a "dispersed seating arrangement" and on a flight attendant's observation that two of the imams "had asked for seat-belt extensions, but only one seemed to need one." Passenger records also indicated that three of the men were flying on one-way tickets.

In summarizing the events that led up to the men's removal from the November 2006 flight from Minnesota to Phoenix, the judge wrote that "it is dubious that these facts would lead a reasonable person to conclude that plaintiffs were about to interfere with the crew of Flight 300."

The imams deny they acted out of the ordinary and say they were discriminated against for praying before the flight.

The lawsuit was filed by Ahmed Shqeirat, Mohamed Ibrahim, Didmar Faja, Omar Shahin, Mahmoud Sulaiman and Marwan Sadeddin. The men were returning home from the North American Conference of Imams on Nov. 20, 2006.

The lawsuit originally sued "John Doe" passengers who reported the suspicious behavior as well as the flight crew and airport employees. However the "John Does" were dropped from the lawsuit after Congress passed a law giving passengers who report suspicious behavior that may lead to a terrorist attack immunity from litigation.

Pat Hogan, spokesman for the Metropolitan Airports Commission, said it is still reviewing the judge's decision.

"We will continue to argue our case in court and defend our duty to take action when the safety of the flying public is in question," Mr. Hogan said.

The ruling is preliminary, but it gives a public relations victory to the Council on American-Islamic Relations (CAIR), which has backed the imams' claims and provided legal support.

"At its core, this case has always been about the ability of all Americans to practice their faith without fear of intimidation or harassment," said Nihad Awad, CAIR's executive director.

"We are pleased that despite the tremendous level of misinformation, unsubstantiated smears and Islamophobic rhetoric surrounding this case, an impartial examination of the facts led the judge to rule in the imams' favor," Mr. Awad said.

Andrea Rader, spokeswoman for US Airways, said the motion is not a "setback."

"It simply allows the case to go on to further discovery," Miss Rader said. "Our position hasn't changed: We believe our crew and ground employees acted appropriately and in the interests of our customers' security by having authorities further investigate what the crew and passengers perceived was suspicious behavior by the Imams."

http://washingtontimes.com/apps/pbcs.dl ... 10097/1001

I would not have gotten on the plane with people acting like terrorist.

Dixie

They shouldn't pay a dime. Maybe they should call ICE to investigate if the "imams" all had legal status in the US. That would be a worthwhile investigation for their legal team. Muslim appeasement will be the death of Western Civilization, just as islam has been the death knell of other faiths in N. Africa.

Originally Posted by Dixie

I would not have gotten on the plane with people acting like terrorist.

Dixie

You are not the only one.
From the descriptions of their actions that I read right after this happened, I would have refused to board the plane, absolutely refused.

Hello, unless their are citizens what consitutional rights were violated?

Personally.. I am ready for the "Let's Roll" statement ... I think we all would agree that our federal government is impotent and fails miserable if not intentionally to protect us on a day to day basis because of this presidents open border policy