Page 1
Ninth Circuit Affirms Dismissal of Action Alleging Racial Bias by American Airlines
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals has affirmed the dismissal with prejudice of a complaint brought by two African American females, two African American males, and one Caucasian female alleging disparate treatment and rudeness by American Airlines personnel onboard an aircraft at Los Angeles International Airport that was scheduled to depart for Phoenix.
It was alleged that on May 31, 2020, plaintiff Elgin Banks, described in the complaint as “a kind, gentle African-American man,” was not allowed to change his seat on the flight prior to take-off although “several non-African American passengers changed seats freely.” The complaint sets forth that Elgin said to a flight attendant:
“[E]xcuse me. I asked for a seat earlier and I see you moving people so I wanted to know if I could get a closer seat.”
The pleading recites that the flight attendant told him “Sir, step back” in “an aggressive and rudely intimidating tone”; Elgin replied, “Okay ma’am, all I was asking is if I could get a seat closer to the front”; she said: “Sir, you don’t have to raise your voice”; he responded: “I didn’t raise my voice ma’am; I was just asking if I could get a seat closer.”
Airport Police Summoned
She ordered him to return to his seat; he complied; the airport police were called; Elgin was forced to exit “despite the overt statements of passengers that Elgin did nothing wrong in the situation”; and the four other plaintiffs “were escorted off as well as each of them were witnesses advocating for Elgin.”
The pleading continues that “when exiting the plane Plaintiffs were greeted by 20 police officers as if they were criminals.” After the flight was cancelled, American Airlines arranged for accommodations for passengers, except the five plaintiffs, who were banned from future flights, the complaint says.
It also alleges that plaintiff Aubrey Kelly, an African-American male, was not allowed to bring a carry-on aboard, and was forced to check it, although “there was room for carry-ons on Flight 1931” and the bag was of an appropriate size for bringing onboard.
Claim Not Stated
Various theories were pled, none of which stated a claim, District Court Judge Mark C. Scarsi of the Central District of California ruled.
In a memorandum opinion filed Monday, it was held that racial discrimination, in violation of 42 U.S.C. §1981, was not adequately alleged, explaining:
“Although Appellants’ complaint alleges they were discriminated against with respect to bringing a carry-on bag aboard the plane, changing seats once on the plane, and receiving a voucher for overnight accommodations after the flight was cancelled, they do not allege that they had a contractual right to such benefits. Nor do Appellants allege that they sought to modify an existing contract with American Airlines for such benefits.”
The plaintiffs did not state a claim for negligence under California law, the opinion says, “because their complaint failed to make the necessary allegation that American Airlines owed them a duty of care.”
The case is Elgin v. American Airlines Group, Inc., 21-55538.
Copyright 2022, Metropolitan News Company