U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

CFEB ' 4 2015 

CERTIFIED~ RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC~430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter ofCherifDiallo 

FAA Case No. 2014S0290047 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305~5200 

(404) 305~5223 FAX 

Enclosed herewith please find the original and one copy of the Amended Complaint in the 

above~ referenced proceecling. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO~ 7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305~5200, facsimile (404) 305~5223. 

Sincerely, 

TANEESHA 

eX~~ D. MARSHALL 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATIOR E EIVED 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

FEB 0 9 2015 

HEARING DOCKET 

vs. 

CHERJF DIALLO 

Respondent. 

FAA Docket No. faa-2014-0544 

Judge J.E. Sullivan 

AMENDED COMPLAINT 

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

issued September 9, 2014, pursuant to Rule 214(b)(l) of the Rules of Practice (14 C.F.R. 

§13.214(b)(1), and states as follows: 

I. 

On July 10,2014, Respondent, CherifDial1o 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. 

1. 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 crewmember 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 crewmember instructed you to talk quietly as you 

were speaking loudly and interrupting the presentation. 
5. You refused to lower your voice and the crewmember then informed you that you 

would have to be reseated. 

6. You refused again to lower your voice and refused to be reseated. 

7. You then engaged in an altercation with a crewmember by raising your voice and 

arguing with the crewmember. 

8. As a result of your noncompliant behavior, a crewmember contacted the pilot and 

the pilots' pre-takeoff duties were interrupted. 

9. As a result of your above noncompliant behavior, the aircraft was returned to the 

gate so that you could be removed from the plane. 

10. At the gate, you became more argumentative with crewmembers and refused to 

depart the aircraft. 

11. Law enforcement officers were called and you still refused to deplane the aircraft. 

12. The law enforcement officers then had to forcibly remove you from the aircraft 

with handcuffs and subsequently tasered you to remove you from the jet bridge. 

13. Each of your above actions identified in paragraphs 5-12 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, you 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 $4,400 is 

appropriate. 
WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $4,400. 

Respectfully submitted this~ day of February, 2015 . 

(_~HAD. 

. ~'!~~ MARSHALL 

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 Amended Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to the following: 

original and one copy via certified mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

one copy via certified mail and facsimile: 

Honorable Judge J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FAX (202) 366-7536 

via certified and regular mail: 

Cherif Diallo 

263 W. 153'd St. 

Apt. 6D 

New York, NY 10039 

~:d0h Program Analyst 

l=EB 4 2015 

Dated