Delta Sued By Passenger

Discussion in 'Other Aspects of Aviation Security' started by Frank, Jun 15, 2012.

  1. Frank

    Frank Original Member

    The president of the University of Sioux Falls in South Dakota is suing Delta Air Lines Inc. after being arrested on a gun-related charge.

    University President Mark Benedetto, who spent a night in jail, says Delta breached its duty by failing to inform him of New York City's restrictive gun laws, The Argus Leader reported.

    Benedetto and his wife, Gail, flew Sept. 28 to New York to pick up a piece of Sept. 11 memorabilia for a display at the school, the Sioux Falls paper reports.

    Benedetto’s lawsuit says that when he declared that he had an unloaded handgun in a locked case inside his checked luggage, as required by the Transportation Security Administration and Delta Airlines policy, a Delta ticket agent called the New York-New Jersey Port Authority Police and he was arrested.
     
  2. Rugape

    Rugape Original Member

    The lawsuit should have a decent chance to net a fairly amount based on the alleged overzealous activity of the Delta employee. I personally hope the guy makes millions, because this type of interaction is wrong at the essence - it is essentially setting up passengers for failure, for no good reason.

    Side discussion - wouldn't the awareness of handgun laws at the designated destination be the responsibility of the passenger? I am responsible for knowing the firearm laws at all locations I will be traveling to (or even may be traveling to) when I travel armed, shouldn't that mantle fall on all that travel armed? If so, then wouldn't this be a moot situation because the person should have been in compliance with the local laws in the first place? Note, this is a side discussion, the situation would possibly never have arisen without the alleged wrongful action of the Delta employee.
     
  3. nachtnebel

    nachtnebel Original Member

    Agree with Rugape. Interesting that the man's lawyer did not go after the arresting party for civil rights (2nd amendment) violations. More money more success against Delta. Can you imagine being on a jury where you saw such craven behavior from a Delta employee? I'd give him double of what he asked. Looks like this gentleman is in very good hand$ indeed. We can dispense with "alleged" though. My guess is that if this wasn't easily provable, no lawyer would have taken the case.
     
  4. Rugape

    Rugape Original Member

    I agree with you that this is probably an open and shut case for the guy, but I cringe from calling something past alleged without an actual judgement. I also agree that tons of money will be made, I am interested in the angle towards the local LEOs, if they recieve a tip that someone is violating the law, where does the due diligence end, and the persecution of an individual begin? As an LEO group, they have a duty to investigate things that are presented to them that are possible crimes, but this seems a bit petty and heavy handed to me. If it came in anoymously, would it have been pursued so hotly? I doubt it, unless they had the specifics of the case, and then it would have been a cursory check - if that. These types of calls happen all the time, but the vast majority are local or in many cases involve family members/lovers/ex-lovers that are seeking some sort of revenge on the named individual. All in all, I can't fault the LEOs if they had a tip, unless it is some sort of a collusion situation, like a pre-arranged agreement. If an LEO organization gets a tip and they have the resources to follow up on it without detracting from other needs (and do so within legal framework), it is hard for me to fault them.

    Edit to add (since I reread that and it sounds like I am defending the LEOs):

    Do not take this as an agreement with what happened, simply that from a legal viewpoint, it is hard to fault the LEOs without some hint of collusion. Again, I hope the dude makes millions and lives happily ever after, as the whole situation is wrong at a fundamental level.
     
  5. Frank

    Frank Original Member

    And notice that the "charges" were quickly dropped and expunged. That's because the prosecutor's office is well aware that NYC gun laws and their enforcement are on very thin ice now that Heller is out. The wrong arrest of a wrong person with lots of juice and Bloomerg is going to receive a legal Louisville Slugger covered in 12-grit and Mad Dog 357 rectally.
     
    TravelnMedic likes this.
  6. nachtnebel

    nachtnebel Original Member

    Frank, I agree, but why were they omitted from the lawsuit? SunnyGoth could probably clue us in, perhaps it's simply cleaner and easier, but this seems like one heck of a good test case to pursue for illegal arrest and violation of civil rights. perhaps sue them in a different filing?
     

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