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rotornut
16th Jan 2007, 10:50
bostonherald.com
Flier gets $400g in jet flap: Crew mistook him for terrorist
By Laurel J. Sweet

Monday, January 15, 2007 - Updated: 02:55 AM EST

In what’s being hailed as a landmark post-9/11 verdict, a Boston jury has ordered American Airlines [AMR] to pay a computer consultant $400,000 for suspecting him of being a Middle Eastern terrorist.

“They thought they could walk into that courtroom and say, ‘Security! Security!’ and make themselves above the law. The jury said they couldn’t,” John Cerqueira, 39, born in Portugal and raised in Fall River, said yesterday from his home in Miami.

While other alleged victims of racial profiling have struck out-of-court deals, Boston attorney David Godkin said Cerqueira’s civil rights case is the first of its kind since Sept. 11, 2001, to reach trial.

Godkin posed the following question to jurors: “Imagine if our client had been a middle-aged blond woman. Would the same thing have happened?”

State police removed Cerqueira from Florida-bound Flight 2237 on Dec. 28, 2003, along with two Israeli men seated next to him in coach, because they were frightening the flight crew preparing for takeoff from Logan International Airport.

An incident report from the event signed by AA Capt. John Ehlers, which the Herald obtained yesterday, explains, “3 PAX (passengers) sitting in row 20 (seats) DEF observed by F/As (flight attendants) & cockpit crew as making inappropriate, suspicious comments in boarding area & on board aircraft. Seemed to be foreign nationals. Overheard wishing other PAX ‘Happy New Year.’ ”

Cerqueira - who was released after two hours of questioning, but refused alternative travel accommodations by American - said his seatmates were “loud” and slipping in and out of English, but, “I had never met them before. All I did was go to the bathroom, use my computer and fall asleep.”

An attorney for American Airlines could not be reached for comment yesterday. The carrier lost two jets and the lives of 129 passengers and 17 crew members to Middle East terrorists on Sept. 11, 2001, including Flight 11, hijacked out of Logan and crashed into New York’s World Trade Center.

Late Friday, a federal jury decided American Airlines was wrong to take the precautionary measure of having Cerqueira deplaned and awarded him $130,000 in compensatory damages and $270,000 in punitive damages.

“I do realize Sept. 11 weighs hard on our consciences and everyone is interested in better safe than sorry,” Cerqueira said, “but if they had just put me on another plane, none of this would have happened.”

[email protected].

armada
16th Jan 2007, 12:06
Here in Canada a Jewish pax was removed from a AC JAZZ flight in YUL, for praying. His rocking back and forth apparently disturbed fellow pax. This was about 3 months go and was in the news.

What a shame that we have lost so much freedom. :mad:

CSilvera
16th Jan 2007, 12:26
This just sounds wrong. I'm going to see if there's not more going on that some other media outlets might want to investigate. Re the Jewish pax--if they were disturbing others and didn't quiet down, what was so wrong about removing them?

noullet
17th Jan 2007, 15:47
bostonherald.com
Flier gets $400g in jet flap: Crew mistook him for terrorist
By Laurel J. Sweet
Monday, January 15, 2007 - Updated: 02:55 AM EST
In what’s being hailed as a landmark post-9/11 verdict, a Boston jury has ordered American Airlines [AMR] to pay a computer consultant $400,000 for suspecting him of being a Middle Eastern terrorist.
“They thought they could walk into that courtroom and say, ‘Security! Security!’ and make themselves above the law. The jury said they couldn’t,” John Cerqueira, 39, born in Portugal and raised in Fall River, said yesterday from his home in Miami.
While other alleged victims of racial profiling have struck out-of-court deals, Boston attorney David Godkin said Cerqueira’s civil rights case is the first of its kind since Sept. 11, 2001, to reach trial.
Godkin posed the following question to jurors: “Imagine if our client had been a middle-aged blond woman. Would the same thing have happened?”
State police removed Cerqueira from Florida-bound Flight 2237 on Dec. 28, 2003, along with two Israeli men seated next to him in coach, because they were frightening the flight crew preparing for takeoff from Logan International Airport.
An incident report from the event signed by AA Capt. John Ehlers, which the Herald obtained yesterday, explains, “3 PAX (passengers) sitting in row 20 (seats) DEF observed by F/As (flight attendants) & cockpit crew as making inappropriate, suspicious comments in boarding area & on board aircraft. Seemed to be foreign nationals. Overheard wishing other PAX ‘Happy New Year.’ ”
Cerqueira - who was released after two hours of questioning, but refused alternative travel accommodations by American - said his seatmates were “loud” and slipping in and out of English, but, “I had never met them before. All I did was go to the bathroom, use my computer and fall asleep.”
An attorney for American Airlines could not be reached for comment yesterday. The carrier lost two jets and the lives of 129 passengers and 17 crew members to Middle East terrorists on Sept. 11, 2001, including Flight 11, hijacked out of Logan and crashed into New York’s World Trade Center.
Late Friday, a federal jury decided American Airlines was wrong to take the precautionary measure of having Cerqueira deplaned and awarded him $130,000 in compensatory damages and $270,000 in punitive damages.
“I do realize Sept. 11 weighs hard on our consciences and everyone is interested in better safe than sorry,” Cerqueira said, “but if they had just put me on another plane, none of this would have happened.”
[email protected].


Let's call this as it should be called and quit being so politically correct in this Country or we are going to become extinct....

This is not racial profiling at all. It is once and for all: STATISTICAL profiling and is or should be based on STATISICS. If the 'Stats' point in this direction, then by all means do what you have to do but I wouldn't get on that flight if you paid me.

Regards,
jack

fyrefli
17th Jan 2007, 15:57
Let's call this as it should be called and quit being so politically correct in this Country or we are going to become extinct....
This is not racial profiling at all. It is once and for all: STATISTICAL profiling and is or should be based on STATISICS. If the 'Stats' point in this direction, then by all means do what you have to do but I wouldn't get on that flight if you paid me.

No, sorry, you've lost me there. Have you even read what you've quoted?:

"An incident report from the event signed by AA Capt. John Ehlers, which the Herald obtained yesterday, explains, “3 PAX (passengers) sitting in row 20 (seats) DEF observed by F/As (flight attendants) & cockpit crew as making inappropriate, suspicious comments in boarding area & on board aircraft. Seemed to be foreign nationals. Overheard wishing other PAX ‘Happy New Year.’ ”"

Not so much as a hint of profiling, let alone statistics!! Please don't tell us you think crew are competent profilers, as I've already had one fit of the giggles today and I'm not sure I can take another ;)

noullet
17th Jan 2007, 16:05
"State police removed Cerqueira from Florida-bound Flight 2237 on Dec. 28, 2003, along with two Israeli men seated next to him in coach, because they were frightening the flight crew preparing for takeoff from Logan International Airport."

Key word is 'they' which is inclusive of DE & F..

Regards,
jack

fyrefli
17th Jan 2007, 16:15
"State police removed Cerqueira from Florida-bound Flight 2237 on Dec. 28, 2003, along with two Israeli men seated next to him in coach, because they were frightening the flight crew preparing for takeoff from Logan International Airport."
Key word is 'they' which is inclusive of DE & F..
I suspect we're not likely to end up agreeing on this one but considered against some of the bizarre payouts in the US litigation culture, this one doesn't exactly make the top 100 :)
FWIW I support profiling (and have said so elsewhere on PPRuNe) as a far preferable method to the current farce; where we differ is I don't see any evidence of profiling in this story, just some knee-jerk, unsubstantiated gut feelings, combined with subsequent petulance, that have rightfully cost AA a load of money.

MaxReheat
17th Jan 2007, 16:30
"quit being so politically correct". Don't make me laugh. It is the 'land of the free and the home of the paranoid' which not only invented political correctness and foisted on the rest of the world but has also forced the insane security procedures we have to endure supported by all those who bow to the might of what was once a great and free society.

Good on the passenger. If I was falsely accused of being a terrorist I would take whoever made the allegation for all they were worth. As a previous poster said, it's time to start challenging 'Security, Security'. Security has its place when it fulfils a useful purpose and not as a means of state control and surveillance of the innocent citizen.

Lord Lucan
17th Jan 2007, 17:42
Quite right MaxReheat

it's time to start challenging 'Security, Security'. Security has its place when it fulfils a useful purpose and not as a means of state control and surveillance of the innocent citizen.

The whole security and paranoia bit has become totally out of control. An encouraging decision.

jimworcs
17th Jan 2007, 20:53
The issue here is that whilst he has a legitimate complaint. He had got through security, and his only crime was to "look foreign" and be seated next to others who the flight attendant was worried about. Nevertheless, to award $400,000 compensation for being denied a flight and having to make alternative arrangements is ridiculous. These awards are robbery and a disgrace. He deserved an apology, a free round trip his costs and a token amount, no more than $1,000. It is pathetic and the american justice system is a joke.

Hangar_9
17th Jan 2007, 21:09
i would have to agree totally :\