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 

l=lEC I 

HE'\ RING 

FAA Case No. 20 14S029004 7 C!) Q P-j · Q s y Lj 

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 of the 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 of the 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 

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CERTIFIED MAIL,., RECEIPT 

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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. J.O lli - 0 1:S ~ d 

Judge . \ 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the 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 of the 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 of the 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 of this 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 of the Regional Counsel 
PLEASE 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 of the 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 

GR=£~-- Program Analyst 

Dated 

(original+ 1 copy)