Case: 1'14-cv-02184-SO Doc #1 1 Filed' 10/02/14 1 of 6, PagelD 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SHANNON THOMAS: Case No. -- Cleveland OH 44111 Judge Plainlifl', v. COMPLAINT WITH JURY mam; UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION, Anomey General ofthe United StaIes DeEartmem of Justice 10' Constitution Ave, NW Washington, DC, 20530 And JOHN DOES 140, agents ofihe TSA sued in their individual capacities) And JOHN DOES 11--20, names and addresses unknown to Plaintiff, Defendants. Also serve Sieven Dmtelbacli Office of the United States Attorney 80] West Superior Avenue Suite 400 1 1 3 Cleveland: OH 441134852 Now comes Plaimiff, by and through undersigned Counsel, and for his Complaint alleges and avers as follows Case: 1:14-cv-02184-SO Doc 1 Filed: 10/02/14 2 of 6. PageID 2 JURISDICTION . This action is brought pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671 . On August 8, 2013, Plaintiff Shannon Thomas submitted an Administrative Claim based upon the facts set forth below, to the Transportation Security Administration which is currently a division of the Department of Homeland Security. . All conditions precedent for an TCA claim have been met. . Plaintiffs Administrative Claim was denied on April 15, 2014 in a letter sent via certi?ed mail. . Venue is proper Within this district pursuant to 28 U.S.C. 1402(b) and 1346 as the Plaintiff is a resident of the Northern District of Ohio. PARTIES . Plaintiff Shannon Thomas is a resident of Cuyahoga County, Ohio. . The United States of America and the TSA are appropriate defendants. . John Does 1-10 are or were agents or employees of the TSA and are sued in their individual capacities. At all times relevant herein John Does 1?10 were acting within the course and scope of their employment as agents of the TSA. Plaintiff does not know their names and despite his best efforts has been unable to learn their names prior to the ?ling of this action. . John Does 11?20 are persons who had contact with Plaintiffs luggage. Plaintiff does not know their names and despite his best efforts has been unable to learn their names prior to the filing of this action. 10. 11. 12. 14. 15. 16. Case: 1:14-cv-02184-SO Doc 1 Filed: 10/02/14 3 of 6. PageID 3 FACTS On Friday, October 5, 2012, Plaintiff traveled on United Airlines Flight #4791, departing at 5:50 am. from. Cleveland Hopkins International Airport to Washington DC. Dulles International Airport, with a final destination of Luis Mu?oz Marin International Airport in San Juan, Puerto Rico. Prior to his departure, Plaintiff delivered his suitcase to the custody of the TSA in Cleveland as is customary and required for air travelers seeking to have their luggage delivered to their ?nal destination of travel. Plaintiff?s suitcase contained an urn, which in turn contained the cremated remains of his mother. Plaintiff was returning to Puerto Rico, where he intended to spread his mother?s remains in the Caribbean Sea, as she had requested prior to passing away. . The urn was very heavy and sturdy and featured a screw-top, which Plaintiff selected because he knew he would be traveling to Puerto Rico and that the urn would have to remain closed in his checked luggage. Upon purchasing the urn, Plaintiff transferred the cremains into it and screwed the urn shut. Prior to closing his suitcase, Plaintiff applied force to the already securely closed urn and repeatedly tested it to ensure it was sealed. While packing his suitcase, Plaintiff carefully padded the urn with his clothing to attempt to protect it. Upon reaching Dulles Airport, Plaintiff boarded United light #699 to San Juan and arrived in Puerto Rico near the scheduled time of 12:02 pm. 17. 18. 19. 20. 21. 22. 24. 25. Case: 1:14-cv-02184-SO Doc 1 Filed: 10/02/14 4 of 6. PageID 4 Upon information and belief, between 4:15 pm. and 4:38 pm, Plaintiff?s suitcase was detained, opened, and inspected by a TSA agent or agents, John Does 1?10. Upon information and belief, during this inspection, the John Does 1?10 negligently, carelessly, and recklessly replaced the lid of the urn, placed a bag inspection notice in Plaintiff?s suitcase, and sent the bag on its way. This action caused the urn to open and spilled the cremated remains of Plaintiff?s mother on the inside of Plaintiff suitcase and on Plaintiff?s personal effects. In the alternative, upon information and belief, John Does ll~20 negligently, carelessly, and recklessly handled the urn in such a way that caused or contributed to its opening. Upon opening the suitcase in Puerto Rico, Plaintiff suffered severe and persistent emotional distress and mental anguish when he saw that the urn had been opened and the remains of his mother Spilled on his clothing and interior of his suitcase. No person Speaking on behalf of the United States or TSA has ever issued an apology, explanation, or noti?cation to Plaintiff aside from the bag search notice. FIRST CAUSE OF ACTION . The actions of John Does 1?10 and John Does 11-20 constitute intentional and/or negligent in?iction of emotional distress. SECOND CAUSE OF ACTION The United States is liable for damage to the um and Plaintiffs personal effects. THIRD CAUSE OF ACTION The negligent, careless, and/or reckless acts and omissions of John Does l?lO as agents of the TSA, and/or John Does 11-20, violated Plaintiffs right to inter the remains of his 26. 27. 28. Case: 1:14-cv-02184-SO Doc 1 Filed: 10/02/14 5 of 6. PageID 5 mother and constitute outrageous disturbance of human remains. The laws of these United States do not tolerate such outrageous disturbance. The circumstances surrounding the distribution of cremains in Plaintiff?s luggage would not ordinarily occur in the absence of negligence, i.e. res ipsa loguitur. FOURTH CAUSE OF ACTION Upon information and belief, Defendants John Does 1?10 were acting at all times relevant herein in the course and scope of their employment with the Defendant United States TSA with the express permission of and consent of and for the bene?t of said Defendant. Defendant United States is liable under the doctrine of respondent superior and/or other applicable legal theories of vicarious liability for the negligent and/or reckless acts and omissions of its agents, employees, servants Defendants John Does 1-10. DEMAND FOR RELIEF Wherefore, Plaintiff demands judgment against the Defendants, jointly and severally, for damages in a sum certain of $750,000 as was demanded in his Administrative Claim, costs, and any other relief this Honorable Court shall deem proper. Respectfully submitted, /s/Adeladi 0. Williams MICHAEL D. GOLDSTEIN (Ohio Reg. No.75661) ADELADI O. WILLIAMS (Ohio Reg. No. 0081754) COLIN R. RAY (Ohio Reg. No. 0090851) GOLDSTEIN GOLDSTEIN CO., L.P.A. 55 Public Square, Suite 2075 Cleveland, Ohio 44113 (Ph: 216/241-6677; fax- 241?3748) Email: ladi@goldsteinandgoldsteinnet Attorneys for Plaintiff Case: 1:14-cv-02184-SO Doc 1 Filed: 10/02/14 6 of 6. PageID 6 Jug; Demand A trial by jury is hereby requested on all matters herein. /s/Adeladi 0. Williams ADELADI 0. WILLIAMS (Ohio Reg. No. 0081754)