Carrier Punished Because Crew Deemed Man 'Suspicious'

In what some are hailing as a landmark decision, a federal jury in Boston on Friday awarded John Cerqueira, a Portuguese computer consultant, $400,000 in his "profiling" suit against American Airlines. Cerqueira convinced the jury he was profiled when the flight crew ejected him from a flight bound for Fort Lauderdale from Logan International on December 28, 2003.

Following the incident, the plane's pilot, Captain John Ehlers, filed a report in which he stated, "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.’" Ehlers called the police and ordered Cerqueira and the two Israeli men seated next to him deplaned.

Police evacuated the aircraft, searched it, rescreened all the baggage and deemed it safe to continue. In the meantime, Cerqueira, who grew up in Fall River, MA and now resides in Miami, FL, was escorted off the flight and questioned for two hours before being released. The airline refused to allow Cerqueira to reboard the flight -- or any other American flight -- even after he'd been cleared by local police.

Cerqueira told the Boston Globe, "I felt like I was being treated like a terrorist and there was no way I could prove I didn't do anything or say anything at all. I'm grateful to the jury for sending the message to American Airlines that just the use of the word security isn't an excuse for unlawful behavior."

This is the first case of its kind to come before a jury since 9/11 (other plaintiffs with similar cases have settled out of court). The verdict has some flight crews fearful it will set a precedent and discourage concerned crews from taking action in the future.

Spokesman for the Allied Pilots Association (APA) Captain Denny Breslin told the Boston Herald, "[Ehlers] did what any one of us would have done, especially back in ’03. We’re human beings, not mind-readers. What would [the plaintiff] have us do? Ignore our concerns?"

Air Line Pilots Association spokesman Pete Janhunen said the verdict could impinge on a pilot's authority granted by the FAA. "The pilot in command is responsible for everything that happens involving that flight. We need to ensure that the authority of the captain is protected so that they’re never intimidated or afraid to make the right call."

Following the six-day trial, the jury found American Airlines discriminated against Cerqueira because of race or national origin. The airline must pay $130,000 in compensatory, and $270,000 in punitive damages.

While not commenting on the specifics of the case, American hinted this might not be the end of the case. An airline spokesman said, "While we respect the jury system, we disagree with this verdict. This decision is simply not supported by the facts or the law. We will evaluate our legal options."

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

FMI: www.aa.com