Passengers removed from flight due to their race may sue airline for injunctive relief

Law Reporter, May 2003

Dasrath v. Continental Airlines, Inc., 228 F. Supp. 2d 531 (D.N.J. 2002).

A New Jersey federal district court held that three passengers who were removed from a flight after another passenger complained about being uncomfortable having "three brown-skinned men" on the flight may sue the airline for race discrimination.

In this case, three men were asked to leave a flight they had boarded because another passenger had complained that she was uncomfortable with their presence. The passenger allegedly told the captain that "three brown-skinned men" were behaving suspiciously. The airline checked the men's identification and determined that they presented no security risks, but refused to allow them to reboard the flight.

The men sued the airline, seeking injunctive relief. Plaintiffs alleged intentional race discrimination in violation of the Equal Protection Clause of the U.S. Constitution; 42 U.S.C. [sec] 1981; Title VI of the Civil Rights Act of 1964, 42 U.S.C. [sec] 2000d; and New Jersey's state discrimination law. Defendant argued that it was immune from liability because its actions fell within the provisions of 49 U.S.C. [sec] 44902, which states that an air carrier may refuse to transport a passenger if the carrier decides that passenger "is, or might be, inimical to safety." Defendant moved to dismiss.

The court disagreed, noting that at the motion to dismiss stage, plaintiffs need only plead that the airline's conduct was arbitrary and capricious and allege that their removal was due to intentional racial discrimination and not due to safety factors. Plaintiffs met this burden, the court said.

Accordingly, the court denied the motion to dismiss.