Legal Question in Civil Rights Law in Michigan

Airlinesand 'Random' search

In Detroit, An airlines rep was rude to me while handing in the boarding pass, AFTER she said I could pass and board I said 'It would have been nice if you helped me' implying poor customer service. She hissed at me (really)and said argumentatively 'go over to the table for a random search' I complained the search punitive for making a comment about customer service (while complying). Others conducting the search refused to reveal their names or allow me to borrow a pen. I boarded the airplane and asked a flight attendant to borrow her pen and go back to gather names, she said YES and gave pen. Upon return the police were there and the hissing rep directed me to the police.Police ran check on me, let me go, but the airlines refused me boarding . They did give me their names (because of police comments)that I wrote down with the borrowed pen. I flew the next morning with the same arilines but they did not compensate me for my overnight arrangements taking the position that I did not comply with boarding procedure. 1) is it lawful for them to chose someone for a random search to punish one complaining about poor customer service; 2) contract breach resulting in costs of overnight stay.


Asked on 1/07/02, 3:04 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Airlinesand 'Random' search

This is an interesting post, and I'll answer it because in my practice I encountered a lot of people with the same type of story in various scenarios.

Bottom line: on the information presented, you would not be a sympathetic plaintiff in a lawsuit.

Reason: You started the confrontation in an environment which you KNEW to be tense, and then escalated by going back and renewing the confrontation. You shouldn't be surprised that you were not allowed to board the plane. They don't want trouble and you showed that you were troublesome. They have the discretion to deny you passage.

You must realize that people lose their jobs over security breaches and you can't expect service with a smile with that sort of pressure. On top of that, not everyone has a great day at work and thus psychologically available to smile or greet you in the way you might have expected two years ago. This can't be new to you.

So, instead of making the attendant's day even worse (thereby bringing more attention upon yourself), you could have said something to make her day better, and you probably would not have been searched.

That is what I would argue in front of a jury, and why as a civil rights lawyer, I would not feel you had a case for any sort of damages. Of course, I could be wrong.

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Answered on 1/08/02, 2:37 pm


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