U.S. Department of Transportation Federai.Aviation Administration 

## SEP : ;9 2014 Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter of Cherif Diallo P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

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HE'\ RING FAA Case No. 20 14S0290047 

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Enclosed herewith please find a copy of a request for hearing that was received by the undersigned on September 8, 2014, and the original and one copy ofthe Complaint in the abovereferenced proceeding. The FAA requests that the hearing in this matter be held in the New York, NY area, and expects that the hearing will last one day. Please address all communications for the FAA to the nndersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

TANEESHA D. MARSHALL r\ifcn
...:::y., Office cf**ch~ ~'Z;ogional**  Counsel
Enclosmes' 

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{Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website**a~** \\1\VW.usps.com,

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### •U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. CHERIF DIALLO Respondent.
JUDGE NOT YET ASSIGNED FAA Docket No. 

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COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules of Practice (14 C.P.R. 13.208), and states as follows: 

### I. I. On July 10, 2014, Respondent, CherifDiallo was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $5,000. On September 8, 2014, the Agency Attorney received a written request for a hearing from the Respondent. 

### II. I. On or about February 2, 2014, you were a passenger aboard Spirit Airlines Flight 

### # 316 traveling from Wayne County International Airport, Detroit, Michigan (KDTW) to La Guardia International Airport, New York, New York (KLGA). 2. During taxiing ofthe above flight, a crewrnember gave a safety demonstration and exit row briefing to passengers. 3. Your seat was located in an designated exit row. 4. During the above instructions, a cremember instructed you to talk quietly as you were speaking loudly and interrupting the presentation.

### 5. You refused and the crewmember informed you that you would have to be resealed. 6. You refused again and then engaged in an altercation with a crewmember. 7. As a result of your behavior, the pilots' pre-takeoff duties were interrupted and the aircraft was returned to the gate. 8. At the gate, you became more belligerent with crewmembers and refused to depart the aircraft. 9. Law enforcement officers were called and had to forcibly remove you from the aircraft. 1 0. Your above actions were threatening or intimidating, and interfered with a crewmember in the performance ofthe crewmember's duties.
III. 

### 1. By reason of the foregoing facts and circumstances, Respondent violated Section 121.580 of the Federal Aviation Regulations in that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated. 2. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed $1, 100 for each of the violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of $5,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be**_a~sr;ssed** 

### a civil penalty in the amount of $5,000. 

# t4/A-.. Respectfully submitted this 

## f day of September, 2014.

Attorney Office ofthe Regional CounselPLEASE NOTE: Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date shown on the Certificate of Service which follows. CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Cherif Diallo 263 W 153'ct St. Apt. 6D New York, NY 10039

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Dated (original+ 1 copy)