Originally Posted by
OldnGrounded
Civil liability? He's probably protected by two things (at least): (1) Someone else -- the union, the employer, or his personal insurance carrier -- is going to foot the bills for defense and damages (if any) if he is named as an individual defendant; and (2) he probably doesn't have nearly deep enough pockets for plaintiffs to bother pursuing him aggressively.
The FAA and his employer may not be totally charmed by his actions, of course.
I've done enough ALPA work to know that this entire crew is totally protected from civil liability by DAL. This falls within the scope of their CBA.
The captain/the entire flight deck crew were actively involved in operation of the airplane. The NWA crew that fell asleep fell outside their civil protections accorded by their CBA.