U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IN THE MATTER OF

ChristopherMcCann FAA DOCKETNO. (not assigned) 

# RECEIVED JUL 10 2014 HEARING DOCKET

(Civil Penalty Action) DMSNO.(notassigned)d0\1...\- 

### Q 

# y Q<::) FAA CASE NO. 2013-GL-15-0056 Complaint The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. Facts 1. OnAugust 16, 2013, ChristopherMcCann, Respondent, was a passenger onboard an aircraft being operated by US Airways, under Part 121 ofthe Federal Aviation Regulations, as US Airways Flight 470, from Phoenix SkyHarbor International Airport (PHX) in Phoenix, Arizona, to Minneapolis-St. Paul International Airport (MSP) in Minneapolis, Minnesota. 2. Respondent was initially seated in an exit row seat. 3. Afterthe aircraft door was closed, Respondent was instructedby a general announcement that all electronic devices, including cellularphones, must be turned offand put away at this time. (the first announcement) 4. After the first announcement, a member ofthe cabin crew (Flight Attendant B or FA-B) approached Respondent and personally asked him to turn offhis cellular phone. (the first personal request) 5. After the first personal request, a member ofthe cabin crew made an additional announcement to the entire plane that all electronic devices were to be turned off and stowed. (the second announcement) 6. After the first and second announcements and first personal request, FA-B again approached Respondent and, again, personally asked Respondentto turn offhis cellular phone. (the secondpersonal request)

Page 1 of 37. After the second personal request, a member ofthe cabin crew (Flight Attendant CorFA-C) approached Respondent's exitrowto conduct an emergency exitrow briefing and, again, personally asked Respondent to turn offhis cellularphone. (the third personal request). 8. After she concluded her emergency exit row briefing, PA-C asked Respondent yet againto turn offhis cellularphone. (the fourth personal request). 9. After the fourth personal request, Respondent remarked "Ifwe crash, we will all die anyway." 10. PA-C asked Respondent to move from the emergency exitrow. 11. After initially refusing to move, Respondent did eventually comply and moved to another seat. 12. Respondent's conduct, including his failure to tum offhis portable electronic device, remarks regarding crashing and dying, and causing the Flight Attendant to relocate Respondent's seat, interfered with crewrnembers in the performance of their duties aboard the aircraft. 13. After arriving at MSP, while passengers were deplaning, Respondent grabbed FAC's shoulder and squeezedher arm. 14. Respondent told FA-C, "Youhave no idea who I am! I am going to hunt you down, and then you will have to wear cheap make up. I am going to ruin you. I will give you one more chance to apologize, but I will still find you." 15. Respondent's conduct as described in paragraphs 13 and 14, including grabbing the Flight Attendant's shoulder, squeezing the FlightAttendant's arm, and Respondent's verbal remarks, constitutes aphysical assault, threat ofphysical assault, or an action that poses an imminent threat to an individual onthe aircraft pursuantto 49 U.S.C. § 46318.

II. Sanction Byreason ofthe foregoing facts and circumstances, Respondent violated Section(s) 14 C.F.R. § 121.306 and 14 C.F.R. § 121.580 ofthe Federal Aviation Regulations as well as 49 U.S.C. § 46318 ofthe United States Code. Pursuant to Title 49 ofthe United States Code, Section 46301 (49 U.S.C. §46301) and under the facts and circumstances ofthis case, a civil penalty of$8,000 is appropriate. Page 2 of 3WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Orderthat Respondent be assessed a civilpenalty inthe amount of$8,000. Respectfully submitted this l st day ofJuly, 2014.

BrianaMartino, AGL-7M Attorney, Federal Aviation Administration Great Lakes Region, AGL-7 2300 East DevonAvenue Des Plaines, IL 60018 Email: briana.martino@faa.gov Phone: (847) 294-7313 FAX: (847) 294-7498

Page 3 of 3Sent on Behalf of Christopher McCann: I am responding to the letter I have received. I have spoken to my legal counsel because the sequence of eventsthat have been presented to me are far exaggerated and have in many cases, shown a blatant disregardfor the truth. I am requesting the following options which I have been requested to choose from:

1. I am requesting a formal hearing because aspects of the proposed sequence are blatantly false. Please identified immediately the individual person who has made these accusations pertaining to the sequence of the events because at this current date correspondence I have received**~om** the Regional**Co~ns~I**h<3:s Iaile(;l to state
. . my accuser's full name.

## L-occ~hoA- 

# Re.yest-. c::+.Clow,A.; M."MAe:.Sotv\
2. I have and can demonstratefinancial harship. You have permission to notify me of reasonable documents that are required to provide to demonstratethis, at which time I will turn all correspondence over to my legal counsel.
.

### ~;.-.T;**~~** 

# *-;**u··~ ~::::-c::r;::='\~.1**  i'.··.

## ·-"'"-·:c:e::.J:::2. .·

# I'L II

# l i If 

### L

• 1

### U'! 1 

### 3 2014 

# i! Jj v !'0 f..**~'** l b.,...,.J'



# . j____ ! 

## i ;:_::FFiGE OF REGIGf'..t/\L COUNSEL



### ,__**-~:id::!:~----'**Sent on Behalf of Christopher McCann: 3. During this experience Ifelt stronglydiscriminated against because of my race. I am of Hispanic descent and myfather's name is Carlos Medina Garcia. I have black hair, dark brown eyes and tan skin (especially during the summer months which was when this experience occurred). Because ofthe racial discrimination that I received, I have spoken with my legal counsel and am prepared to pursue this act of inequality to the full extent 

### of the law should the need arise.



### Date: 

## ---'(r'-,_' 

# 1_5_.:../_,L/___ J 

### Signature of Christopher McCann:

# +/r~'-**+'''!--· ___,L-/7~~"-/-/_•**  _C_-.=-_==:-

______ _ 

# [/4TU.S. Department of Transportation Federal Aviation Administration July 1, 2014 In Reply

Referto: AGL-7M 

# RECEIVED JUL 

## 10 2014 HEARING DOCKET Great Lakes Region 2300 E. Devon Avenue Des Plaines, IL 60018

Area Code 847/294-7313 CERTIFIED Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Waslrington, DC 20591 Attn: Hearing Docket Clerk AGC-430, WilberWright Building Suite 2W1000 Re: Christopher McCann 

## c{

# 0 1

# ~ - 

# 0 Y Q

# 5 FAA Case No.: 2013-GL-15-0056 Enclosedherein please find a copy ofRespondent's Response to the Agency's June 5, 2014 Final Notice ofProposed Civil Penalty and the original and one copy ofthe Complaint in the abovereferenced proceeding. Although the Agency is submittingthe enclosed Complaint, the Respondent failed to properly perfect an appeal pursuantto 14 C.P.R.§ 13.16(h) by filing a hearing request withthe hearing docket clerk. Therefore, this matter should be dismissed. Ifa hearing is to be scheduled, the FAArequests thatthe hearing in this matter be held in Mllmeapolis, MN, and expects thatthe hearing will last one day. Please address all communications for the FAAto the undersigned at: Federal Aviation Administration Regional Counsel (AGL-7) 2300 East DevonAvenue Des Plaines, IL 60018

Enclosures: Request for Hearing Complaint
cc: Respondent (w/copy ofComplaint) SinceJ.ely, T,. 

# "fX BrianaMartino AttorneyCERTIFICATE OF SERVICE
I hereby certify that I have, this date, served the foregoing Complaint by mailing the following copies, Certified Mail (Return Receipt Requested): Original and One Copy:

One Copy: Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2Wl000

Christopher McCann 109 4th Avenue North Sartell, MN 56377

Datedthis Ist day ofJuly 2014