Southern Region U.S. Department ofTransportation Office of the Regional Counsel Federal Aviation Administration 

## CFEB ' 4 2015

**CERTIFIED~** RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA,

**AGC~430,** Suite2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe Matter ofCherifDiallo FAA Case No. 2014S0290047 P.O. Box 20636 Atlanta, Georgia 30320 (404)

**305~5200** (404)

**305~5223** FAX

Enclosedherewith please find the original and one copy ofthe Amended Complaintinthe

**above~**referenced proceecling. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel,

**ASO~**7 Southern Region 1701 Columbia Avenue College Park, GA 30337 Telephone: (404)

**305~5200,** facsimile (404)

**305~5223.** Sincerely,



# eX~~ TANEESHA D. MARSHALL Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATIOR

# E EIVED

FEDERAL AVIATION ADMINISTRATION, Complainant, 

## FEB 09 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, pursuantto Rule 214(b)(l) ofthe Rules ofPractice (14 C.F.R. §13.214(b)(1), and states as follows: I. OnJuly 10,2014, Respondent, CherifDial1o was advised through a FinalNotice ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty inthe 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 apassenger 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 ofthe above flight, a crewmember gave a safety demonstration and exitrowbriefingto passengers. 3. Your seat was located in an designated exit row. 4. During the above instructions, a crewmember instructed youto talk quietly as you were speaking loudly and interrupting the presentation.

### 5. Yourefused to lower your voice and the crewmember then informedyou that you would have to be reseated. 6. Yourefused againto 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 ofyour noncompliant behavior, a crewmember contactedthe pilot and the pilots' pre-takeoffduties were interrupted. 9. As aresult ofyour 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 thenhad to forcibly remove you from the aircraft with handcuffs and subsequently tasered you to remove you from thejetbridge. 13. Each ofyour above actions identified in paragraphs 5-12 were threatening or intimidating, and interfered with a crewmember in the performance ofthe crewmember's duties.
III. 

### 1. By reason ofthe 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 ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$4,400 is appropriate.WHEREFORE, the Agency, by counsel respectfully requests that the Administrative LawJudge enter an order that Respondentbe assessed a civil penalty in the amount of$4,400. Respectfully submitted



# this~day ofFebruary, 2015
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# . 

# ~'!~~

**(_~HAD.** MARSHALL Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuantto Title 14 CPR Section 13.209(a), you are required to file a written answerto this Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Amended Complaint has been mailedthis 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 2W1000 Washington, D.C. 20591
one copy via certified mail and facsimile: Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX (202) 366-7536 via certified and regular mail: CherifDiallo 263 W. 153'd St. Apt. 6D New York, NY 10039



# ~:d0h Program Analyst 

# l=EB 4 2015 Dated