01/09/2014 13:30

U.S. Department ofTransportation Federal Aviation Administration 8153293771

In Reply Refer To: ACE-7 2013CE090030
VIA FACSIMILE Al'<'D REGULAR MAIL January 9, 2014 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building, Room 2014 Re: In the Matter ofDeshaun L. Blackett Case No. 2013CE090030 FAA ACE 7 PAGE 02/08

Office ofRegional Counsel 901 Locust, Roorn 506 Kansas City. MO**64106~2641**

Area Code: 816-329-3765

Enclosed herewith please find a copy ofa request for a heating and the original and one copy ofthe Complaint in the above-referencedproceeding. The FAA requests that the hearing ii:l this matter be held in Phoenix, Arizona, and expects that trre hearing will last

### one day. Please address aU communications for the FAA to Mark G. Camacho, Federal Aviation Administration, Central Region, ACE-7, Room 506, DOTBuilding, 901 Locust, Kansas City, MO 64106-2641. Sincerely, A. Lester Haizlip Regional Counsel B

Enclosures01/09/2014 13:30 8153293771 FAA ACE 7

In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
Served: January 9, 20)4 FAA DocketNo. Deshaun L. Blackett FAA Case No. 2013CE090030 -----------------'Judge Not Assigned 

### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. PAGE 03/08



### l. On August 9, 2013, DesbauuL. Blackettwas advised through a Notice ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty in the amount of$15,000. On December20, 2013, Respondent submitted a written request for a headng. 

### II.
a. On or about Apd.l 30, 2013, you were a ticketed passenger on Delta Connection Flight 6279, being operated under the provisions of 14 C.F.R. Chapter I, Part 121, enroute from East Elmhurst, New York, to OmahaNebraska. 2. During the latterpan ofthe operation ofFlight 6279, you were seated in Seat#3C and talking loudly to a passenger seated behind you. 3. J.nci.dent to the above loud behavior, a flight attendant (FA#l) approached you and asked you to lower your voice informing youthat youwere talking too loudly. 4. In response, you continued to talk to the passengerbehind you about your tooth, and thenphysically assaulted FA#l by grabbing her arm and telling her "youjustneed to slap my face."01/09/2014 13:30 8153293771 FAA ACE 7 PAGE 04/08

5. The FA explained to youthat you 

### were not allowedto touch her and then told youto calm down. 6. Thereafter a second FA (FA#2) approached the area where you were seated and you began to yell at both FA#! and FA#2. 

### 7. Afterward, you movedto Scat

### #IC and started yelling and cursing loudly, yelling in particular, at a male passenger seated in the second rowbehind

### you while placing your hands in frotJt ofthe passenger's face. 8. Atthat point FA#2 instructed you to "tum around, quiet dov.'l1, and buckle your seat belt." 9. 

### Inresponse to FA#2's instruction, you threatened to physically assaultFA#2 stating: "You needto sit your ass do\'.'11 before 

### I make you, you're too little and trying to get your ass hurt!"10. FA#2 left the areareturning to the rear ofthe aircraft in preparation for the aircraft's final descentinto the Omaha airport. 11. As Flight 6279 was descending in final preparation for landing atthe Omaha airport you got up out ofyour seat and stumbled to the back ofthe aircraft, at which point FA#2 instructed you to "go backto your seat as the aircraft is preparing to land." 12. 

### In response to 

### F A#2'

### s instruction, youput your hand up to, and nearly touching, FA#2'

### s face in an intimidating manner stating: "I doo't give two f_ks, I gotto piss and I canpiss right here. n 13. Based on your intimidating behavior FAA#2 allowed youto use the rest room. 14. After leaving the rest room, you went back to your seat, and took out your cell phone as the aircraft continued its final descent. 2B1/B9/2B14 13:30 8153293771 FAA ACE 7 PAGE 05/08



### 15. FA#! had to leave herjump seat at therear ofaircraft, go to the forward pa1t ofthe aircraft where you were seated, and instruct you to put the cell phone away. You complied with the insttuction. 16. After the aircraft lauded you started playing music on your phone in a very loud
manner. 

### 17. Basedon the above, your loud and angry yelling and disruptive behavior created a hostile and intimidating enviromnent for other passengers aboard the aircraft. 18. Based onthe above, you assaulted a crewmember, interfered with a crewmcmber in the performance ofher duties, and intimidated and threatened a crewmember. 

### 19. As a result ofyour unruly and disruptive behavior, as well as your intimidating and threatening demeanor, you were escorted offthe aircraft by local authorities after the aircraft landed at Omaha, Nebraska, subsequently arrested, and criminally charged 

### withinterfering with
a flight crew. II. 

### 1
.. Byreason ofthe foregoing facts and circumstances, Respondent violated Section 121.580 ofthe Federal Aviation Regulations [49 C.P.R. §121.580] which statesthatnoperson may assault, threaten, intimidate, or interfere with a crewmember's duties aboard an aircraft being operatedunderPart 

### 121. 2. Pursuantto Title 49 U.S.C. 46301, Respondent is subjeetto a civil penalty not to exceed $11,000 for each ofthe violations alleged. By reason ofthe foregoing facts and circumstances, Respondent is also subjectto Section 46318 ofthe United States Code, which states in relevant part, that an individual who physically assaults a member ofthe cabin crewofa



### 301/09/2014 13:30 8153293771 FAA ACE 7 PAGE 05/08

civ,i] aircraft is liable to the United States Government for a civil penalty ofnot more than $25,000 [49

# u.s.c. §46318]. 3. Under the facts and circumstances ofthis case, 

### a civil penalty of$15,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully 

### requ.ests that the Administrative Law Judge enter 

### an order that Respondent be assessed 

### a civil penalty in the amount of$15,000. Dated this 9th day ofJanuary, 2014.



### 4 Respectfully submiJ:ted, A. Lester Haizlip Regional Counse By:

Attorney for Complainant Federal Aviation Administration 901 Locust St., Room 506 Kansas City, 110 64106,2641 816-329-3765; Fax (816) 329-377101/09/2014 13:30 8153293771 FAA ACE 7 PAGE 07/08



### Answel" Section 13.209(a) ofthe Rules ofPractice in FAA. Civil Penalty Proceedings states, "A respondent shall file a written answer to tb.e complaint, or may file a writtenmotionpursuantto Section 13.208(d) or Section 13.218(f)(l-4) instead offiling an answer, not later than 30 days after service ofthe complaint Section 13.209(1) states, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint.

501/09/2014 13:30 8153293771 FAA ACE 7 PAGE 08,/08

Deshaun L. Blackett, FAA Case No. 2013CE090030
CERTIFICATE OJ!' SERVICE 

### I hereby certify that 

### I have this date placed in the United States mail, certified mail, ret=. receipt requested. a copy ofthe Administrator's Complaint, addressed to: Deshaun L. Blackett 

### 1 0671 Hamilton Plaza Apt. 402 Omaha, NE 68114 In addition, I hereby certifY that I have this date sent a copy by facsimile and placed in the United States mail, the original Administrator's Complaint, addressedto: Federal Aviation Administration 800 l.ndependence Avenue, SW. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2014 Fax: (202) 493-5142

# at~~c Alisa Gause Paralegal Specialist
Datedthis 9'11 day ofJanuary, 2014.

601/09/2014 13:30

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Office of Regional Counsel Central Region 901 Locust St., Room 506 Kansas City, MO 64106 Telephone: (816) 329-·
__ _ Fax. No. (816) 329-3771**~mail:** @faa.gov Facsimile



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