Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 1 of 20 PageID #: 1

LAW OFFICE OF GARY PORT PC
d/b/a PORT and SAVA
303 Merrick Road, Suite 212
Lynbrook, New York 11563
GARY PORT, ESQ.
(516) 352-2999
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------x
ERIC MURDOCK and BRENDA WILLIAMS

Docket # 18 cv 06741

Plaintiffs

COMPLAINT
And DEMAND FOR TRIAL
By JURY

-againstUNITED AIRLINES, INC, and JANE DOE, an unidentified
Employee of the Defendant United Airlines, Inc.
Defendants
------------------------------------------------------------------------------x

The Plaintiffs ERIC MURDOCK and BRENDA WILLIAMS, complaining of the Defendants,
alleges as follows:

Introduction and Summary
1. This suit is brought to redress the racial discrimination and wrongful profiling of peaceful
African-American passengers by United Airlines. On Friday, July 13, 2018, the Plaintiff
were passengers on United Flight 1537 from Las Vegas to Newark. On said flight the
Plaintiffs were discriminated against, harassed, and humiliated by one of Defendant’s
flight attendants, an unidentified woman referred to as “JANE DOE.”
2.

Plaintiffs were then unjustifiably removed from the flight in front of the other
passengers, despite the fact that they posed no security risk and committed no wrongful
1

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 2 of 20 PageID #: 2

acts. Plaintiffs were removed from the flight at the insistence of the Defendant JANE
DOE whose unprofessional conduct caused discomfort for the passengers around her.
Plaintiffs were not arrested, as they had done nothing illegal.
3. The Plaintiff ERIC MURDOCK (“Murdock”), an African-American man, is a retired
National Basketball Association player, who as a point guard played for the Utah Jazz,
Milwaukee Bucks, Denver Nuggets, Miami Heat, New Jersey Nets, and the Los Angeles
Clippers. He held, until 2002 the NCAA records for most steals, 376, and a Big East
Conference record for most points, 435. In his NBA career, Murdock played in 508
games and scored a total of 5,118 points. He is a resident of State of New Jersey.
4. The Plaintiff Brenda Williams (“Williams”), an African-American woman is a resident of
New Jersey.
5. Defendant United Airlines, Inc. (“United”) is a major American airline headquartered in
Chicago, Illinois. Defendant is incorporated in Delaware. It conducts business in New
York and is listed on the New York Stock exchange. The Defendant operates at John F.
Kennedy Airport, in Queens, New York at terminals 1, 4, 5 and 7, and from LaGuardia
Airport, in Queens, New York, at Terminal B.
6. Defendant JANE DOE is a Caucasian unidentified female flight attendant who works for
the Defendant United and was working on United Flight 1537 from Las Vegas to Newark
on July 13, 2018.
7. This lawsuit challenges the discriminatory and unjustified removal of United States
citizens from a United Airlines flight, in violation of the laws of the United States. This
case is brought pursuant to 42 U.S.C. § 1981. This Court has jurisdiction over this action
pursuant to 28 U.S.C. §§ 1331, 1343, and 1367.

2

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 3 of 20 PageID #: 3

8. This Court has personal jurisdiction over Defendant because Defendant is an airline that
regularly does business in Queens County, New York, in the Eastern District of New
York.
9. Venue is proper in the Eastern District of New York under 28 U.S.C.§ 1391 because
Defendant United does substantial business in this district as it operates out of two
airports and five terminals.
FACTS
10. In July 2018, the Plaintiff Murdock had attended a conference hosted by the National
Basketball Retired Players Association in Las Vegas, Nevada.
11. In July 2018, the Plaintiff Williams had attended a conference hosted by her employer in
Las Vegas, Nevada.
12. On July 13, 2018, the Plaintiffs Murdock and Williams were ticketed passengers on
United Flight 1537 from Las Vegas, Nevada to Newark, New Jersey and were properly
seated in the plane. Plaintiffs were strangers to each other and met due to the assignment
of adjacent seats.
13. Plaintiff Murdock was assigned seat 15-E and his son was assigned seat 36-H.
14. Prior to take-off Plaintiff Murdock noted that the row behind his seat was empty. This
row contained the emergency exit.
15. Plaintiff Murdock asked a female flight attendant, herein after “Jane Roe”, if he and his
son could sit together in the emergency exit row. Roe assented if no ticketed passenger
would be sitting there.

3

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 4 of 20 PageID #: 4

16. Roe did inform Plaintiff Murdock that there was a premium price for the seats, which
Plaintiff Murdock offered to pay. Roe informed him that he’d have to pay at the counter
outside, but as the cabin door had been closed, that option was rendered impossible.
17. Just prior to take off, a ticketed passenger did appear and had seat in the emergency exit
row.
18. The ticketed passenger upon hearing that Plaintiff Murdock, who is over 6 feet tall, and
his son wished to sit together in this emergency exit row graciously offered up his seat.
19. Plaintiff Murdock accepted the offer of the other passenger and moved from his center
row seat to the emergency exit row. The other passenger moved to another seat. Such
move was made with the approval of the unidentified flight attendant, Jane Roe.
20. Shortly before takeoff, Defendant JANE DOE, a flight attendant acting for and as an
agent of the Defendant United demanded that Plaintiff Murdock return to his ticketed
seat.
21. Defendant JANE DOE stated that the seats in the emergency row carried a premium
price. When Plaintiff Murdock requested the price, Doe was unable to tell him. She later
told him the price but was unable to tell him how to pay.
22. Defendant JANE DOE was also informed that the ticketed passenger for the emergency
row had swapped his seat with Plaintiff Murdock. Defendant JANE DOE refused to be
swayed by the fact that the passenger ticketed for the seat voluntarily switched with the
Plaintiff Murdock and demanded that he return to his ticketed seat.
23. Defendant JANE DOE also told Plaintiff Murdock that the emergency row had to remain
clear and unoccupied.

4

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 5 of 20 PageID #: 5

24. During the exchange Defendant JANE DOE was rude and dismissive of Plaintiff
Murdock.
25. Plaintiff Murdock ultimately complied and returned to his ticketed seat as did his son.
26. Approximately a half an hour into the flight, a Caucasian female moved into a seat in the
emergency exit row.
27. Defendant JANE DOE did not cause the Caucasian female to return to her ticketed seat.
Instead, DOE provided beverage service to the female.
28. Plaintiff Murdock then returned to the emergency exit row.
29. Defendant JANE DOE then told Plaintiff Murdock to go back to his seat.
30. Plaintiff Murdock asked Defendant JANE DOE why she had allowed the Caucasian
woman to sit in the emergency row, and Defendant JANE DOE told him that it was none
of his business.
31. Plaintiff Williams had gone to the rest room when Plaintiff Murdock moved back to the
emergency exit row seat and was returning when she observed the Defendant JANE
DOE’s confrontation with Plaintiff Murdock.
32. Plaintiff Williams concerned about Defendant JANE DOE’s aggressive and disrespectful
attitude asked Doe as to why she was being rude to Plaintiff Murdock.
33. Defendant JANE DOE aggressively told Plaintiff Williams that it was none of her
business.
34. Defendant JANE DOE then began yelling at Plaintiff Williams and accusing Williams of
recording Defendant JANE DOE on her cellular telephone.
35. Though Plaintiff Williams was holding her phone she was not recording her.

5

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 6 of 20 PageID #: 6

36. Despite being repeatedly told by Plaintiff Williams that she was not recording her,
Defendant JANE DOE demanded, in a very hostile and aggressive manner that Plaintiff
Williams surrender the phone.
37. When Plaintiff Williams refused, Defendant JANE DOE extended her arm and leaned
into the row about half way across and demanded with a threatening and intimidating
voice, “erase the video now, or give me your phone! It’s against the law to record me!”
38. The actions of Defendant JANE DOE placed Plaintiff Williams in imminent fear of an
unwanted, offensive physical contact.
39. Plaintiff Williams repeatedly told Defendant JANE DOE that there was no recording.
Defendant JANE DOE however continued to yell at Plaintiff Williams and made as if to
grab the phone.
40. Defendant JANE DOE finally left without taking Plaintiff Williams’ phone.
41. Shortly thereafter, Jane Roe returned and asked Plaintiff Murdock if he would consent to
return to his seat.
42. While Roe was talking to Plaintiff Murdock, Defendant JANE DOE returned. She leaned
over and placing her head within inches of the Plaintiff Murdock and spoke. Plaintiff
Murdock told her to get out of his personal space.
43. The actions of Defendant JANE DOE placed Plaintiff Murdock in imminent fear of an
unwanted, offensive physical contact.
44. At the request of Jane Roe, Plaintiff Murdock returned to his seat.
45. Shortly thereafter during the beverage service, Defendant JANE DOE in a snide and
condescending tone asked Plaintiff Murdock if he wanted a beverage or if he was “going
to boycott?”

6

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 7 of 20 PageID #: 7

46. Plaintiff Murdock did not respond to the obvious race baiting but maintained a dignified
silence.
47. Neither Plaintiff had any further interaction with Defendant JANE DOE.
48. After the Plaintiff landed at Newark International Airport, the passengers were instructed
by the pilot to remain seated do to a security situation.
49. The Plaintiffs were then escorted off the plane first.
50. On this plane were various co-workers of the Plaintiff Williams as well and current and
former professional athletes. Further, the Plaintiff Murdock is celebrity athlete and has
been the subject of many local news stories in New Jersey.
51. When the Plaintiffs were led off the plane they were met by four armed members of the
Transportation Security Administration.
52. After being interviewed by the TSA, the Plaintiffs were not further detained and were
allowed to retrieve their luggage and leave the airport.
53. Plaintiff Williams suffered severe personal embarrassment and well as emotional trauma
from this event.
54. Plaintiff Murdock suffered severe personal and professional embarrassment from the
event.
FIRST CAUSE OF ACTION
NEGLIGENT HIRING, TRAINING, SUPERVISION, AND/OR RETENTION OF
AN UNFIT EMPLOYEE
55. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
56. Plaintiffs are informed and believes and thereon alleges that in doing the acts as
heretofore alleged, Defendant, JANE DOE was incompetent and unfit to perform the

7

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 8 of 20 PageID #: 8

duties for which she was employed, and that an undue risk to persons such as plaintiffs
would exist because of the employment.
57. Plaintiffs are informed and believes and thereon alleges that in doing the acts as
heretofore alleged, Defendant United failed to adequately train and supervise Defendant
JANE DOE in the exercise of the tasks of her employment and/or failed to terminate her,
thereby proximately causing plaintiffs’ injuries as set forth heretofore.
58. Despite this advance knowledge of Defendant JANE DOE’s unfitness to perform her
duties, Defendant United retained JANE DOE as an employee in conscious disregard of
the rights and safety of others.
59. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.
60. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
61. As a direct and proximate result Defendants actions, plaintiffs suffered mental distress,
anguish, personal and professional embarrassment and indignation. Plaintiffs are thereby
entitled to general and compensatory damage in an amount no less than ten million
dollars.

8

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 9 of 20 PageID #: 9

62. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiff’s rights. As such, punitive damages are warranted against
Defendants in order to punish and make an example of each of them.
SECOND CAUSE OF ACTION
ASSAULT AGAINST PLAINTIFF WILLIAMS
63. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
64. The Defendant JANE DOE, as an agent and employee of the Defendant United by
reaching and attempting to grab the cell phone held by the Plaintiff Williams placed
Plaintiff Williams in imminent apprehension and fear of unwanted bodily contact.
65. The actions of the Defendant JANE DOE in reaching and grabbing for the cell phone
were intentional and by reaching into the confined space of the airplane demonstrated and
will and ability to carry of the threat.
66. At no time did Plaintiff Williams consent to or in any way justify any of the acts of
Defendants.
67. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.
68. Corporate Defendant is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical

9

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 10 of 20 PageID #: 10

operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff Williams.
69. As a direct and proximate result Defendants actions, Plaintiff Williams suffered mental
distress, anguish, and indignation. Plaintiff Williams is thereby entitled to general and
compensatory damage in an amount no less than $50,000.
70. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiff Williams’ rights. As such, punitive damages are warranted against
Defendants in order to punish and make an example of each of them.
THIRD CAUSE OF ACTION
ASSAULT AGAINST PLAINTIFF MURDOCK
71. The Plaintiffs repeat and realleges the proceeding paragraphs as if set forth herein.
72. The Defendant JANE DOE, as an agent and employee of the Defendant United by
leaning over and placing her face within inches of the Plaintiff Murdock while engaged in
disrespectful language placed Plaintiff Murdock in imminent apprehension and fear of
unwanted bodily contact.
73. The actions of the Defendant JANE DOE of leaning over and placing her face within
inches of the Plaintiff Murdock while engaged in disrespectful language into the confined
space of the airplane demonstrated and will and ability to carry of the threat.
74. At no time did Plaintiff Murdock consent to or in any way justify any of the acts of
Defendants.
75. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.

10

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 11 of 20 PageID #: 11

76. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff Williams.
77. As a direct and proximate result Defendants actions, Plaintiff Murdock suffered mental
distress, anguish, and indignation. Plaintiff Murdock is thereby entitled to general and
compensatory damage in an amount no less than $50,000.
78. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiff Murdock’ rights. As such, punitive damages are warranted against
Defendants in order to punish and make an example of each of them.
FOURTH CAUSE OF ACTION
NEGLIGENCE
79. Plaintiffs repeat and realleges the preceding and subsequent paragraphs as though set
forth herein.
80. Defendants breached their duty of care to Plaintiffs by failing to provide a safe place for
its passengers to conduct their travel. As a direct and proximate cause of Defendants’
breach of duty, Plaintiffs suffered and continues to suffer shock, humiliation,
embarrassment, trepidation, fright, nervousness, grief, anxiety, worry, mortification,

11

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 12 of 20 PageID #: 12

indignity and extreme and enduring emotional distress, all to their damage in an amount
to be determined according to proof at trial.
81. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.
82. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
83. As a direct and proximate result Defendants actions, Plaintiffs suffered mental distress,
anguish, and indignation. Plaintiffs are thereby entitled to general and compensatory
damage in an amount no less than ten million dollars.
84. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
Defendants in order to punish and make an example of each of them.

FIFTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
85. Plaintiffs repeat and realleges the preceding and subsequent paragraphs as though set
forth herein.
12

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 13 of 20 PageID #: 13

86. Defendants engaged in outrageous conduct which was intentional and malicious and done
for the purpose of causing Plaintiff to suffer humiliation. As a direct and proximate cause
of Defendants’ outrageous conduct, Plaintiff suffered and continues to suffer shock,
humiliation, embarrassment, trepidation, fright, nervousness, grief, anxiety, worry,
mortification, indignity and extreme and enduring emotional distress, all to their damage
in an amount to be determined according to proof at trial.
87. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.
88. Defendant United is a Common Carrier. A Common Carrier must carry passengers
safely. Common carriers must use the highest care and the vigilance of a very cautious
person. They must do all that human care, vigilance, and foresight reasonably can do
under the circumstances to avoid harm to passengers. While a common carrier does not
guarantee the safety of its passengers, it must use reasonable skill to provide everything
necessary for safe transportation, in view of the transportation used and the practical
operation of the business. Defendants breached their duty of care in its actions toward
Plaintiff.
89. As a direct and proximate result Defendants outrageous actions, Plaintiffs suffered mental
distress, anguish, and indignation. Plaintiffs are thereby entitled to general and
compensatory damage in an amount no less than ten million dollars.
90. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
defendants in order to punish and make an example of each of them.

13

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 14 of 20 PageID #: 14

SIXTH CAUSE OF ACTION
DISCRIMINATION UNDER 42 U.S.C. § 1981
91. Plaintiff repeat and realleges the preceding and subsequent paragraphs as though set forth
herein.
92. At all times relevant to the events described above, Defendant JANE DOE on Friday,
July 13, 2018 was an employee and/or agent of Defendant United. The discriminatory
practices described above were carried out: (a) at the direction of and with the consent,
encouragement, knowledge, and ratification of the Defendant United; (b) under the
Defendant United’s authority, control, and supervision; and/or (c) within the scope of the
employee’ employment.
93. Defendant United is liable for the actions of its agents and employees directly and under
the doctrine of respondeat superior.
94. Defendant JANE DONE and by extension, Defendant United engaged in intentional
discrimination based on Plaintiffs’ race, color and ancestry, by assaulting Plaintiffs and
by their hostile treatment of Plaintiffs on Corporate Defendant’s July 13, 2018 flight. In
so doing, Defendants discriminated against Plaintiffs in the making and enforcement of
their contract with Defendants, namely the ticket they purchased to travel Defendant
United’s July 13, 2018 flight from Las Vegas, Nevada, to Newark, New Jersey.
95. The foregoing actions by the Defendants thus constitute a deprivation of plaintiffs’ right
to make and enforce contracts regardless of their race, in violation of 42 U.S.C. § 1981.
96. As a direct, foreseeable, and proximate result of Defendant’s discrimination and wrongful
acts, Plaintiffs suffered and continues to suffer fear, anxiety, humiliation, mental pain and

14

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 15 of 20 PageID #: 15

anguish, emotional distress, inconvenience, and economic loss. The Plaintiffs were
injured on an amount no less than ten million dollars.
97. Defendants acts alleged herein are malicious, oppressive, despicable, and in conscious
disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
defendants in order to punish and make an example of each of them.

SEVENTH CAUSE OF ACTION
VIOLATION OF TITLE VI OF THE CIVIL RIGHTS ACT of 1964
98. Plaintiff incorporates by reference each and every allegation set forth above as though
fully set forth herein.
99. The pilot and Defendant JANE DOE on United Airlines United Flight 1537 from Las
Vegas to Newark on July 13, 2018, were at all relevant times agents and/or
employees of Defendant United and were acting within the course and scope of their
employment.
100.

Defendant United is liable for the unlawful acts of its agents and employees

directly and/or under the doctrine of respondeat superior.
101. Defendant United is the recipient of federal funds and is thus covered by Title VI of
the Civil Rights Act of 1964 (42 U.S.C. § 2000d). Title VI and its implementing
regulations prohibit recipients of federal monies from discriminating on the basis of,
inter alia, race, color, or national origin.
102. Defendant JANE DOE’s actions during the flight to include arranging for the
Plaintiffs to be made a public spectacle by having them escorted off of the plane as
security risks and to be detained by the TSA were based upon the Plaintiffs race,
15

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 16 of 20 PageID #: 16

color, and/or national origin thus discriminated against the Plaintiffs in violation of
Title VI and its implementing regulations. Defendants actions were intentional and
done in violation of Plaintiffs’ civil rights.
103.

As a direct, foreseeable, and proximate result of Defendant’s discrimination and

wrongful acts, Plaintiff suffered and continues to suffer fear, anxiety, humiliation, mental
pain and anguish, emotional distress, inconvenience, and economic loss. The Plaintiffs
were injured on an amount no less than ten million dollars.
104.

Defendants acts alleged herein are malicious, oppressive, despicable, and in

conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
defendants in order to punish and make an example of each of them.

EIGHTH CAUSE OF ACTION
FALSE IMPRISONMENT OF THE PLAINTIFFS
105.

The pilot and Defendant JANE DOE on United Airlines United Flight 1537

from Las Vegas to Newark on July 13, 2018, were at all relevant times agents and/or
employees of Defendant United and were acting within the course and scope of their
employment.
106.

Defendant United is liable for the unlawful acts of its agents and employees

directly and/or under the doctrine of respondeat superior.
107.

Defendants intentionally and willfully deprived Plaintiffs of their freedom of

movement by removing Plaintiff from United Airlines United Flight 1537 on July 13,
2018, by identifying them as security risks to the plane and other passengers.

16

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 17 of 20 PageID #: 17

108.

The Defendants caused the Plaintiffs to be detained by employees of the

Defendant and by armed members of the TSA.
109.

The restraint, confinement, and detention compelled Plaintiffs to remain in the

airport for an appreciable amount of time.
110.

Plaintiffs did not knowingly or voluntarily consent to such restraint,

confinement, and detainment.
111.

Plaintiffs were emotionally harmed by such restraint, confinement, and

detainment and embarrassed before the public.
112.

Defendant’s conduct was a substantial factor in causing Plaintiffs harm. The

Plaintiffs were injured on an amount no less than ten million dollars.
113.

Defendants acts alleged herein are malicious, oppressive, despicable, and in

conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
defendants in order to punish and make an example of each of them.
NINTH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS UPON THE PLAINTIFFS
114.

Plaintiff incorporates by reference each and every allegation set forth above as

though fully set forth herein.
115.

Defendant and its employees and agents acted negligently and/or recklessly

when they removed Plaintiffs from United Airlines United Flight 1537.
116.

Defendant and its employees and agents should have known that their

discriminatory treatment and confinement of Plaintiffs would create an unreasonable
risk of emotional and physical damages.

17

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 18 of 20 PageID #: 18

117.

As a result of Defendant’s actions, Plaintiffs have suffered serious emotional

distress, including suffering anguish, fright, nervousness, grief, anxiety, worry, shock,
humiliation, and shame, all of which an ordinary reasonable person would be unable
to cope.
118.

Defendant’s negligence was a substantial factor in causing Plaintiffs’ serious

emotional distress. The Plaintiffs were injured on an amount no less than ten million
dollars.
119.

Defendants acts alleged herein are malicious, oppressive, despicable, and in

conscious disregard of Plaintiffs’ rights. As such, punitive damages are warranted against
defendants in order to punish and make an example of each of them.

TENTH CAUSE OF ACTION
BREACH OF CONTRACT
120.

Plaintiff incorporates by reference each and every allegation set forth above as

though fully set forth herein.
121.

Plaintiff and Defendant entered into a contract of carriage.

122.

Plaintiff performed all conditions, covenants, and promises required on his part to

be performed in accordance with the terms and conditions of the contract.
123.

Defendant breached the contract by removing the Plaintiffs from United Airlines

United Flight 1537 and failing to provide safe transport.
70.

As a proximate result of Defendant’s breach, Plaintiffs have suffered

damages in an amount to be proven at trial.

18

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 19 of 20 PageID #: 19

Prayer for Relief
Plaintiffs pray for judgment as follows:
A.

For a declaratory judgment that the actions of Defendant described above

constituted discrimination on the basis of race in violation of 42 U.S.C. § 1981;
B.

Permanently enjoining Defendant and its directors, officers, agents, and

employees to take all affirmative steps necessary to remedy the effects of the illegal,
discriminatory conduct described herein and to prevent similar occurrences in the future;
C.

Awarding Plaintiff their expenses, costs, fees, and other disbursements associated

with the filing and maintenance of this action, including reasonable attorneys’ fees
pursuant to 28 U.S.C. § 1988, and any other applicable provision of law;
D.

For compensatory damages in an amount not less than ten million dollars;

E.

For statutory damages;

F.

For punitive damages; and

G. For such other relief as the Court may deem just and proper.

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this complaint: (1) is not being presented for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support
after a reasonable opportunity for further investigation or discovery; and (4) the
complaint otherwise complies with the requirements of Rule 11.

19

 Case 1:18-cv-06741-KAM-SMG Document 1 Filed 11/27/18 Page 20 of 20 PageID #: 20

Dated: November 27, 2018

____________________________
Gary Port, Esq.
Port and Sava
Attorneys for the Plaintiffs
303 Merrick Road, Suite 212
Lynbrook, New York 11563
(516) 352-2999
Gary@portandsava.com

JURY TRIAL DEMANDED
The Plaintiffs hereby demand a trial by jury for all issues for triable.

Dated: November 27, 2018

____________________________
Gary Port, Esq.
Port and Sava
Attorneys for the Plaintiffs
303 Merrick Road, Suite 212
Lynbrook, New York 11563
(516) 352-2999
Gary@portandsava.com

20