01/09/2014 13:30 

U.S. Department 

of Transportation 

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 

Wilbur Wright Building, Room 2014 

Re: In the Matter ofDeshaun L. Blackett 

Case No. 2013CE090030 

FAA ACE 7 PAGE 02/08 

Office of Regional Counsel 

901 Locust, Roorn 5 06 

Kansas City. MO 64106~2641 

Area Code: 816-329-3765 

Enclosed herewith please find a copy of a request for a heating and the original and one copy of the 

Complaint in the above-referenced proceeding. 

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, DOT Building, 901 Locust, Kansas City, MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

B 

Enclosures 
01/09/2014 13:30 8153293771 FAA ACE 7 

In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served: January 9, 20)4 

FAA Docket No. 

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 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

PAGE 03/08 

l. On August 9, 2013, Desbauu L. Blackett was advised through a Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $15,000. On 

December 20, 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 Omaha Nebraska. 

2. During the latter pan of the operation of Flight 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 you that you were talking too loudly. 

4. In response, you continued to talk to the passenger behind you about your tooth, and 

then physically assaulted FA#l by grabbing her arm and telling her "you just need to slap my 

face." 
01/09/2014 13:30 8153293771 FAA ACE 7 PAGE 04/08 

5. The FA explained to you that you were not allowed to touch her and then told you to 

calm down. 

6. Thereafter a second FA (F A#2) approached the area where you were seated and you 

began to yell at both FA#! and FA#2. 

7. Afterward, you moved to Scat #IC and started yelling and cursing loudly, yelling in 

particular, at a male passenger seated in the second row behind you while placing your hands in 

frotJt of the passenger's face. 

8. At that point FA#2 instructed you to "tum around, quiet dov.'l1, and buckle your seat 

belt." 

9. In response to FA#2's instruction, you threatened to physically assault FA#2 stating: 

"You need to 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 area returning to the rear of the aircraft in preparation for the aircraft's 

final descent into the Omaha airport. 

11. As Flight 6279 was descending in final preparation for landing at the Omaha airport 

you got up out of your seat and stumbled to the back of the aircraft, at which point FA#2 

instructed you to "go back to your seat as the aircraft is preparing to land." 

12. In response to F A#2' s instruction, you put your hand up to, and nearly touching, 

F A#2' s face in an intimidating manner stating: "I doo't give two f_ks, I got to piss and I can piss 

right here. n 

13. Based on your intimidating behavior FAA#2 allowed you to 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. 

2 
B1/B9/2B14 13:30 8153293771 FAA ACE 7 PAGE 05/08 

15. FA#! had to leave her jump seat at the rear of aircraft, go to the forward pa1t of the 

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. Based on the above, your loud and angry yelling and disruptive behavior created a 

hostile and intimidating enviromnent for other passengers aboard the aircraft. 

18. Based on the above, you assaulted a crewmember, interfered with a crewmcmber in the 

performance of her duties, and intimidated and threatened a crewmember. 

19. As a result of your unruly and disruptive behavior, as well as your intimidating and 

threatening demeanor, you were escorted off the aircraft by local authorities after the aircraft 

landed at Omaha, Nebraska, subsequently arrested, and criminally charged with interfering with 

a flight crew. 

II. 

1 .. By reason ofthe foregoing facts and circumstances, Respondent violated Section 

121.580 of the Federal Aviation Regulations [49 C.P.R. §121.580] which states that no person 

may assault, threaten, intimidate, or interfere with a crewmember's duties aboard an aircraft 

being operated under Part 121. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subjeetto a civil penalty not to 

exceed $11,000 for each of the violations alleged. By reason of the foregoing facts and 

circumstances, Respondent is also subject to Section 46318 of the United States Code, which 

states in relevant part, that an individual who physically assaults a member of the cabin crew of a 

3 
01/09/2014 13:30 8153293771 FAA ACE 7 PAGE 05/08 

civ,i] aircraft is liable to the United States Government for a civil penalty of not 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 of January, 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) 329-3771 
01/09/2014 13:30 8153293771 FAA ACE 7 PAGE 07/08 

Answel" 

Section 13.209(a) of the Rules of Practice in FAA. Civil Penalty Proceedings states, "A 

respondent shall file a written answer to tb.e complaint, or may file a written motion pursuant to 

Section 13.208(d) or Section 13.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service of the complaint 

Section 13.209(1) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 

5 
01/09/2014 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 of the 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, addressed to: 

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 

Alisa at~~c Gause 

Paralegal Specialist 

Dated this 9'11 day of January, 2014. 

6 
01/09/2014 13:30 

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Company: FA A f 

Phone: 

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From: 

Title: 

Date: 

Pages w/cover: 

FAA ACE 7 PAGE 01/08 

Federal Aviation 

·Administration 

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 

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RECEIVED 

JAN I 0 2014 

HEARING DOCKET