UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

DR. BOB RAJCOOMAR and DOROTHY RAJCOOMAR,
Plaintiffs,
v.
UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION, SHAWN McCULLERS and SAM MUMMA, agents of the Transportation Security Administration sued in their individual capacities
Defendants.

CASE NO:

COMPLAINT Jurisdiction
1. This action is brought pursuant to Federal Tort Claims Act, 28 U.S.C. § 2671, and the Fourth and Fifth Amendments to the United States Constitution, 28 U.S.C. §§ 1331 and 1346(b).
2. On September 18, 2002, Plaintiffs submitted an Administrative Claim for the claim set forth below to the Transportation Security Administration, formerly part of the Department of Transportation and now part of the Department of Homeland Security ("TSA").
3. Six months having elapsed, all conditions precedent to a Federal Tort

Claims Act have been met. 4. Venue is properly within this District under 28 U.S.C. § 1402(b)
as the acts complained of occurred in the Eastern District of Pennsylvania. Parties
5. Plaintiffs are residents of Palm Beach County, Florida. 6. Both the United States of America and its Transportation Security Administration are appropriate defendants under the Federal Tort Claims Act. 7. Defendants Shawn McCullers and Sam Mumma are TSA agents and are sued in their individual capacities.
Facts 8. On August 31, 2002, Dr. Rajcoomar and his wife, Dorothy, traveled on Delta Airline Flight 442, from Atlanta to Philadelphia. 9. During that flight, Dr. Rajcoomar was seated in Row ID. Mrs. Rajcoomar was seated further back. 10. Approximately 30 minutes before the plane landed, TSA agents McCullers and Mumma responded to a passenger's disturbance in coach class. 11. Dr. Rajcoomar, having not left his seat since the plane's departure from Atlanta, was unaware of the nature of the disturbance. 12. He was made aware both of the disturbance and the TSA agents' presence on that flight when the agents utilized the seat next to him in order to restrain the passenger from the rear of the plane. Not wishing to remain seated next to the restrained

individual, Dr. Rajcoomar requested and received from flight attendants a change of seat. As a result, he was relocated to a seat which had been vacated by one of the agents.
13. During the next 30 minutes, the TSA agents trained their firearms on the passengers while threatening all of the passengers with bodily injury should they so much as move. Dr. Rajcoomar complied with all of the agents' directions.
.
14. Dr. Rajcoomar, Mrs. Rajcoomar, and, on information and belief, the rest of the passengers on Flight 442 experienced terror caused by the extreme and unwarranted conduct of the TSA agents.
15. Upon arriving at the gate of the Philadelphia airport, Dr. Rajcoomar remained seated while the TSA agents removed the individual who had been involved in the disturbance.
16. At that point, Dr. Rajcoomar assumed he would be permitted to disembark. Yet before he was even permitted to rise, he was instructed, without any ~urther explanation, by one of the TSA agents to lean forward and place his hands on his head. Notwithstanding the fact that he began to comply with this request, one of the TSA agents pushed him forward. As soon as his hands were on his head, he was handcuffed (causing the breaking of his wrist watch), and immediately thereafter taken off the plane.
17. Dr. Rajcoomar was then led roughly down to the tarmac where he was forced to endure the cursing of Philadelphia police officers before being placed in a police van. Prior to being placed in the van, he asked for, yet received absolutely no explanation from either the TSA agents or Philadelphia police as to why he was being

treated in such fashion. 18. Transported to a Philadelphia police station, Dr. Rajcoomar was booked;
his personal possessions such as wallet, briefcase (both of which were completely searched without his consent), and cell phone were taken from him. He was then deposited in a foul-smelling cell where he remained for the next four hours. During that time, he again repeatedly asked for an explanation as to why he was being detained. The only explanation ever provided by the TSA agents consisted of the following two statements:
(i) "We didn't like the way you look," and (ii) "We didn't like the way you looked at us." 19. Neither of these assertions could provide legal justification for Dr. Rajcoomar's arrest and detention. 20. A TSA spokesperson quoted by the Philadelphia Inquirer essentially confirmed this second assertion, stating that Dr. Rajcoomar "had been observing too closely." See "Profiling charged on 'nightmare' flight," September 19, 2002. 21. Dr. Rajcoomar denies making such observation which, even having occurred, would not have provided legal justification for his arrest and detention. 22. Increasing Dr. Rajcoomar's emotional turmoil, which his arrest and detention had inflicted, was the fear that his wife would have no idea as to what had become of him. Indeed, during his detention, he could hear his cell phone repeatedly ringing. Convinced that it was his wife who was calling to ascertain his condition and

whereabouts, Dr. Rajcoomar repeatedly asked permission to answer his phone. These requests were continuously denied.
23. At the end of four hours, without apology or explanation from either TSA agent or the police, Dr. Rajcoomar's property was returned and he was told that he was free to go. At this point, he requested that the TSA agents provide him their names. This request was refused and the TSA agents hastily left the police station.
24. As a Lieutenant Colonel in the United States Army Reserves, and a physician in private practice for the last 20 years, this entire situation was enormously demoralizing, physically abusive and has taken a psychological toll, leaving Dr. Rajcoomar with difficulty sleeping at night and concentrating during the day. It has shattered the sense of personal security which he had enjoyed as a citizen of the United States.
25. The actions of the TSA agents were undertaken because of t~e race and ethnicity of Dr. Rajcoomar in violation of the laws of the Commonwealth of Pennsylvania and the Fourth and Fifth Amendments to the United States Constitution.
First Cause of Action 26. The warrantless detention and searches by the TSA agents constitute false arrest, assault, battery, false imprisonment, unlawful search, and unlawful invasion of privacy of Dr. Rajcoomar and also constitute intentional or negligent infliction of emotional distress of Dr. and Mrs. Rajcoomar under the laws of the Commonwealth of

Pennsylvania. 27. Under the Federal Torts Claims Act, defendants United States of America
and TSA are liable for the above described actions of agents McCuller and Mumma as they were acting within the scope of their employment as law enforcement officers for the United States of America and its Transportation Security Administration.
Second Cause of Action 28. The actions and conduct of defendants, Shawn McCullers and Sam Mumma, violated the rights of Dr. Rajcoomar to be free from unreasonable detention, search and seizure under the Fourth Amendment and to equal protection and due process of law under the Fifth Amendment and the liberty interests of Mrs. Rajcoomar in not being deprived of the marital companionship of her husband without due process under the Fifth Amendment. 29. These defendants acted with recklessness, callous indifference to or disregard for the rights of Plaintiffs. WHEREFORE, plaintiffs request this Court to award compensatory damages against the United States of America and compensatory and punitive damages against Shawn McCullers and Sam Mumma in their individual capacities and such other and further relief as appears reasonable.
Respectfully Submitted,

Stefan Presser, Esq. Bar No. 43067 Legal Director American Civil Liberties Union
of Pennsylvania 125 South Ninth Street Suite 701 Philadelphia, PA 19107 (215) 592-1513 ext. 116
Seth Kreimer, Esq. 3400 Chestnut Street Philadelphia, PA 19104

James K. Green, Esq. Esperante, Suite 1630 222 Lakeview Avenue West Palm Beach, FL 33401 (561) 659-2029
Reginald Shuford, Esq. American Civil Liberties Union
Foundation 125 Broad Street New York, NY 10004 (212) 549-2613
Randall Marshall, Esq. American Civil Liberties Union
of Florida 4500 Biscayne Boulevard Miami, FL 33137 (305) 576-2337

Counsel for Plaintiffs

 
 Case 2:03-cv-02294-JF Document 14 Filed 06/30/03 Page 1 of 2

IN THE UNITED STATE DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RAJCOOMAR, et al. v.
UNITED STATES OF AMERICA, et al.

CIVIL ACTION NO. 03-2294

SETTLEMENT ORDER AND NOW, this 30th day of June 2003, the parties have agreed to the following terms of settlement in the above numbered and captioned action:

(1) By 11am on July 30th defendants will submit a written report to Judge John P. Fullam setting forth all of the changes in their policies and training procedures regarding the allegations in the complaint. In the event that the Court is satisfied with the report, then, Judge Fullam will so notify plaintiffs of his determination;

(2) Upon Judge Fullam’s notification defendants, through Admiral Loy, will immediately offer a written apology to both Dr. Bob Rajcoomar and Dorothy Rajcoomar for the events of August 31, 2002;

(3) Defendants will pay plaintiffs $50,000;

(4) In the event that Judge Fullam is not satisfied with the report describing the changes in the policies and training procedures regarding the allegations in the complaint, the

Case 2:03-cv-02294-JF Document 14 Filed 06/30/03 Page 2 of 2 settlement shall be voided and the case restored to Judge Fullam’s active docket.
______________________ Thomas J. Rueter United States Magistrate Judge

 
 Case: 2:03-cv-2294 As of: 12/06/2012 01:35 PM EST 1 of 3
CLOSED,STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03−cv−02294−JF

RAJCOOMAR et al v. UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION et al Assigned to: HONORABLE JOHN P. FULLAM Demand: $250,000 Cause: 28:2671 Federal Tort Claims Act
Plaintiff

Date Filed: 04/14/2003 Date Terminated: 06/30/2003 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

BOB RAJCOOMAR DR.

represented by JAMES K. GREEN JAMES K. GREEN, P.A. ESPERANTE BUILDING SUITE 1630 222 LAKEVIEW AVENUE WEST PALM BEACH, FL 33401 561−659−2029 LEAD ATTORNEY ATTORNEY TO BE NOTICED

REGINALD T. SHUFORD AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 BROAD ST. 18TH FL. NEW YORK, NY 10004 212−549−2613 LEAD ATTORNEY ATTORNEY TO BE NOTICED

STEFAN PRESSER AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA 7803 ST. MARTIN'S LANE PHILADELPHIA, 19 19107 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff DOROTHY RAJCOOMAR

represented by JAMES K. GREEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

REGINALD T. SHUFORD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

STEFAN PRESSER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
UNITED STATES OF AMERICA, TRANSPORTATION SECURITY

represented by CEDRIC D. BULLOCK U.S. ATTORNEY'S OFFICE

Case: 2:03-cv-2294 As of: 12/06/2012 01:35 PM EST 2 of 3

ADMINISTRATION

615 CHESTNUT ST SUITE 1250 PHILADELPHIA, PA 19106−4476 215−861−8413 Fax: 215−861−8618 Email: cedric.bullock@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

VIRGINIA A. GIBSON HOGAN LOVELLS US LLP 1835 MARKET ST PHILADELPHIA, PA 19103 267−675−4635 Email: virginia.gibson@hoganlovells.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant SHAWN MCCULLERS

Defendant
SAM MUMMA AGENTS OF THE TRANSPORTATION SECURITY ADMINISTRATION SUED IN THEIR INDIVIDUAL CAPACITIES

Date Filed 04/14/2003 04/14/2003 04/14/2003 04/15/2003
04/17/2003 05/05/2003 05/05/2003

# Docket Text
1 COMPLAINT against SHAWN MCCULLERS, SAM MUMMA, UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION ( Filing fee $ 150 receipt number 886516.), filed by BOB RAJCOOMAR, DOROTHY RAJCOOMAR.(tj, ) (Entered: 04/14/2003)
Summons 5 Issued; 4 Mailed to counsel and 1 Forwarded to U.S. Attorney's Office 4/14/03 as to SHAWN MCCULLERS, SAM MUMMA, UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION. (tj, ) (Entered: 04/14/2003)
3 PETITION by BOB RAJCOOMAR, DOROTHY RAJCOOMAR for Pro Hac Vice Admission of JAMES K. GREEN and REGINALD T. SHUFORD, Certificate of Service. (rv, ) (Entered: 04/15/2003)
2 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for SHAWN MCCULLERS on 4/15/2003, answer due 6/16/2003; SAM MUMMA on 4/15/2003, answer due 6/16/2003; UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION on 4/15/2003, answer due 6/16/2003. (rv, ) (Entered: 04/15/2003)
4 ORDER THAT THE PRO HAC VICE ADMISSION OF JAMES K. GREEN AND REGINALD T. SHUFORD OS HEREBY GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 4/17/03. 4/17/03 ENTERED AND COPIES MAILED.(rv, ) (Entered: 04/17/2003)
5 MOTION BY BOB RAJCOOMAR, DOROTHY RAJCOOMAR FOR LEAVE TO FILE THIRD PARTY SUBPOENA ON EXPEDITED BASIS, CERTIFICATE OF SERVICE.(rv, ) Additional attachment(s) added on 5/6/2003 (ldb, ). (Entered: 05/05/2003)
6 AFFIDAVIT of Service by Louisa Strouse Boiman re: Service of summons and complaint upon W.D. Vedder for Attorney General JOhn Ashcroft by certified mail on 4/28/03. (rv, ) (Entered: 05/06/2003)

Case: 2:03-cv-2294 As of: 12/06/2012 01:35 PM EST 3 of 3

05/23/2003 05/27/2003 05/27/2003 05/28/2003 06/02/2003 06/17/2003 06/18/2003
06/30/2003 07/29/2003
10/01/2003

7 Memorandum filed by UNITED STATES OF AMERICA, TRANSPORTATION SECURITY ADMINISTRATION in Support of the UNITED STATES' Opposition to PLAINTIFFS' MOTION FOR EXPEDITED DISCVOERY, Certificate of Service. (rv, ) (Entered: 05/27/2003)
8 AFFIDAVIT of Service by Louisa Strouse Brown re: service of summons and complaint upon S. Kungaba for Transportation Security Administration on 4/28/03 by certified mail. (rv, ) (Entered: 05/28/2003)
9 Response filed by BOB RAJCOOMAR, DOROTHY RAJCOOMAR to DEFENDANT'S Opposition to PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD PARTY SUBPOENA ON EXPEDITED BASIS, Certificate of Service. (rv, ) Additional attachment(s) added on 5/29/2003 (cl, ). Additional attachment(s) added on 5/29/2003 (cl, ). (Entered: 05/28/2003)
10 SUMMONS Returned Executed by Michael H. Doyle re: served Summons and Complaint upon James McCullers for SHAWN MCCULLERS by personal service. SHAWN MCCULLERS served on 5/24/2003, answer due 6/13/2003. (rv, ) (Entered: 05/28/2003)
11 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A THIRD PARTY SUBPOENA ON EXPEDITED BASIS ON DELTA AIRLINES SEEKING THE INFORMATION SET FORTH FURTHER IN THIS ORDER. SIGNED BY JUDGE JOHN P. FULLAM ON 6/2/03.6/3/03 ENTERED AND COPIES MAILED AND HANDED TO COUNSEL ON 6/2/03. (rv, ) (Entered: 06/03/2003)
12 MOTION BY BOB RAJCOOMAR, DOROTHY RAJCOOMAR TO COMPEL DELTA'S PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF'S RULE 45 SUBPOENA, CERTIFICATE OF SERVICE.(rv, ) Additional attachment(s) added on 6/18/2003 (ldb, ). (Entered: 06/18/2003)
13 ORDER THAT THE COURT NOW HEREBY ORDERS DELTA TO SUPPLY THE INFORMATION SET FORTH IN NUMBERED PARAGRAPH 1 AND 2 IN THE COURT'S ORDER DATED 6/2/03, ETC. THE COURT WILL HOLD A HEARING ON 7/3/03 AT 10:00, IF THIS INFORMATION HAS NOT BEEN SUPPLIED BY THAT TIME. SIGNED BY JUDGE JOHN P. FULLAM ON 6/18/03. 6/19/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 6/18/03.(rv, ) (Entered: 06/19/2003)
14 SETTLEMENT ORDER THAT THE PARTIES HAVE AGREES TO THE FOLLOWING TERMS OF SETTLEMENT AS OUTLINED FURTHER IN THIS ORDER, ETC. SIGNED BY JUDGE THOMAS J. RUETER ON 6/30/03. 7/1/03 ENTERED AND COPIES MAILED AND FAXED.(rv, ) (Entered: 07/01/2003)
15 ORDER THAT THE COURT IS SATISFIED THAT THIS WRITTEN REPORT MEETS THE REQUIREMENT OF PARAGRAPH 1 OF THE SETTLEMENT ORDER IN THAT TSA HAS REPRESENTED THAT THE REPORT "SET[S] FORTH ALL OF THE CHANGES IN THEIR [TSA'S] POLICIES AND TRAINING PROCEDURES REGARDING THE ALLEGATIONS IN THE COMPLAINT". AS THE REPORT CONTAINS SECURITY SENSITIVE INFORMATION(SSI), AFTER THE CASE IS DISMISSED, THE REPORT SHALL BE RETURNED TO THE TRANSPORTATION SECURITY ADMINISTRATION. SIGNED BY JUDGE JOHN P. FULLAM ON 7/29/03. 7/29/03 ENTERED AND COPIES MAILED AND HAND DELIVERED BY CHAMBERS ON 7/29/03.(rv, ) (Entered: 07/29/2003)
16 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b), ETC. SIGNED BY JUDGE JOHN P. FULLAM ON 10/1/03. 10/2/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 10/1/03.(rv, ) (Entered: 10/02/2003)