Businessman Suing Virgin America Airlines Saying He Was Improperly Detained

A passenger on a Virgin America flight a year ago says he was detained by police after landing in San Francisco because he argued with a flight attendant over a soft drink and then did not flush the lavatory after use. As a result, 52-year-old Salvatore Bevivino is suing the airline, asking a half-million dollars in damages for “apprehension, embarrassment, humiliation, mortification, fright, shock, mental anguish and emotional distress.”

Bevivino says he was taken aside and questioned by six uniformed officers as he attempted to deplane because a captain working for the airline said he had been "using profanities" and had not listened to instruction from the flight attendants. But the online site The Smoking Gun reports that the crew said they never felt like they were threatened by Bevivino.

An FA told authorities that Bevivino had argued with her over a soft drink order placed on a computer touchscreen. The FA said the passenger said "you are here to serve me." He then went to the lavatory, and when he came out, he was allegedly "using profanities" and the flight crew noticed that he had not flushed the toilet.

Bevivino, and executive with Genetech, said he did not swear at the FA "during his brief, 2 minute exchange" over the soft drink order. He said the officers released him when they determined that the flap "appeared to be a customer service issue."

In court papers, Bevivino said he was the victim of profiling because of his dark complexion. He said he is of "Italian ancestry," and that his complexion could lead to the assumption that he is from the Middle East.

FMI: www.cand.uscourts.gov