10/04/2011 16:38 FAX 2021935142 FAA " QMS @]001/007 

© 

U.S. Department 

of Transpoitaiioti 

Federal Aviation 

Admini^itr^tion 

In Reply Refer To: ACE-7 

2011CE0300?^ 

i:r?ARTMENTOF 

•:!;AM3Pr;HiAT10N 

m OCl - 5 A ^^02 

Office ot Repicinil Coinscl 

'.'til Lutuil. Rooni?'i<'> 

KansasCilv. MO (^lO('-'^(Al 

Area Code: K16-329-3765 

CERTIFIED HMl, - RETURN RECEIPT REQUESTED 

Certifed Mail Receipt Nos. 70111 ] 50000003372988 & 70111150000003372995 

September 21, 2011 

Hearing Docket 

Federal Aviaiiun Administration 

800 Independence Avenoc SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building; Room Suite 2W1000 

Re: in the Matter ofQuenton T. Brown OOJII ^ WOy 

CaseNo. 2011CE03U032 

ETic\o5cd hejcWnh please fim) a copy of a reqvest for 2 hearing and ibc orieinaj ajid one copy of the 

Complaint in the above-referenced proceeding. 

The FAA reque.'rts that the hearing in tliis matltr be held in St. Louis, Missouri, and expects that the hearing 

will last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas Cit>', MO 64106-2641. 

Sincerely. 

A. Lesicr Hai7.1jp 

Regional Counsel 

B 

G. Camacho 

or Enforcement Anomey 

Enclo.';ures RECEIVED 

SEP 2 7 2011 

HEARJNG DOCKET 
10/04/201 1 16:38 FAX 2024935142 FAA - DMS ©002/00 7 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the MtiUer of: 

Quenton T. Brown 

Served: September 21, 2011 

F.A_A. Docket No. 

FAA Case No. 2011CE030032 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Admini.siration (FAA), by cotmsel, hereby files its CompIainL 

puiiuani 10 Rule 208 of the Rulci olRractice (14 Cl'.R. 13.208), and states a.^ follows'. 

1. 

1. On -Tuly 25, 2011, Respondent Quenion T. Brown was advi.'sed through a Notice of 

Proposed Civil Penalty that the FAA propoijed to assess a civil penalty in the amotint of $ II ,000. 

On September 21. 2011, Respondent submitted a written request for a hearing. 

II. 

1. On or about December 6, 2010. you were a ticketed passenger on Southwest AirHne.s 

Flight 408, being operated under the provisions of 14 C.F.R. Chapter I, Part 121,enrouie from 

Mirmeapolis, Minnesota, to St. Louis, Missouri. 

2. following departure from Minneapolis, while Flight 408 was operating in straight and 

level flight, flight attendants (FA) began their service by passing out peanuts, ai which time a FA 

offered you peanuts while you were .^leated next lo a female passenger. 

3. Incident to the above offer by the FA. you declined the peanuts by shaking your head 

no and also saymg. "No." 

4. As the FA continued to offer snacks to all the passengers, you were overheard yelling 

that you would like some peanuts or pretzeli;. 
10/04/2011 16:38 FAX 2024935U2 FA.'^ - OhS (2003/007 

5. After all the FAS finished serving the cabin, a female FA took a bag of peanuts and a 

bag of pretzels from the basket, stopped to close an overhead bin thai popped open, and handed 

you the bags. 

6. After the FA handed you the snacks, you tried to hit the FA by throwing the snacks at 

her, but they hit the galley wall instead. 

7. The FA a.^ked you if you had thrown the snacks at her and why. 

8. At first, you denied throwing the snacks, but then you admiucd to liirowing them. 

9. Wlien the FA told you that, "You can't be thronang things at people." you responded 

in an aggressive and vulgar manner stating, "T can do whatever the f—k 1 want, hitch, get out of 

my face." 

10. When the FA informed you that you could not speak to her like that, you aiLemptcd 

to intimidate the FA and again responded in an aggressive and vulgar manner stating, 'T.ike 1 

said, get the f—k out of my face before I go up there and tell your little supei-visor you are 

harassing me. Get the f—k away from mc." 

11. Tn response, tlie FA informed you that your behavior was unacceptable and that 

police would be meeting the flight in SL Louis. 

12. Based on the above, you attempted to assault a crewmembcr, interfered \vMh a 

crewmembcr in the performance of her duties, and intimidated and threatened a crewnmember. 

13. As a resultof your unruly and di.sruptivc behavior, a.s well as your intimidatmg and 

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

landed at St. Loui.^, Mis.souri. 
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14. At St. Louis Airport Police Department Repon indicates that you are a laige man. 

stiind approximately 6 feet tall, and weigh 175 pounds. 

in. 

1. By rea.son of the foregoing facts and circumstances, Re.spondent violated Section 

121.580, which .stales in relevant parr that no person may assault, threaten, intimidate, or 

interfert? with a ciewmember in the performance of the cre^^Tnember's duties aboard an aircraft 

being operated under Part 121. 

2. Pursuant to Title 49 U.S.C. 46301(a)(5)(A), Respondent is subject to a civil penalty 

not to exceed 511,000 for each of the violations alleged. 

3. Under the facts and circumstance^^ of this case, a civil penalty of J11,000 is 

appropriate. 

WHEREFORK; the Agency, by counsek respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $11,000. 

Dated this 21"' day of September, 2011. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

Bv: 

ferk G. Camach( 

• ttomey for Complainant 

Federal Aviation Administration 

901 Locust, Room 5 U6 

Kansas City,. MO 64106-2641 

816-329-3765; Fax (816^ 329-3771 
10/04/201 1 18:39 FAX 2024935142 FAA ^ OMS 01005/007 

Answer 

Section 1.3.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a wTitten answer to the complaint, or may tile a written motion pursuant to 

Section 13.208(d) or Section 13.218(,f)( 1-4) instead of filing an answer, not later than 30 days 

after ser\-ice of the complaint. 

Section 13.20')(f) 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. 
10/04/2011 18-39 FAX 2024935142 FAA ^ DWS [^006/007 

Quenton T. Brown, FA A Case No. 2011CE030032 

CERTrKfCATE OF SERVTCE 

I hereby cerlily that 1 have this date placed in the United States mail, ceriillcd, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Quenton T. Brown 

622 W. Miller Street 

Orlando, FL 32S05-4502 

In addition, 1 hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Admini.siration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wnght Building, Suite 2W1000 

Alisa Gause 

Paralegal Specialist 

^J-XAA^dJi^ 

Dated this 21" day of September, 2011. 
10/04/2011 iG 39 FAX 2024335142 FAA - QMS 01007/007 

1 hfcicby request ihdt Ihe FA.A impose a civil penalty' v\'if:iom making findings of 

violdLiuni, and submit my reasons. My jequesr consti^uloi niy agreenitnt that, if 

(his offer f.s accepted, a Cumproinise Order wiJi be issued in that i.^iount .ird ] 

waive rny riglit to a hearing. 

8. 1 ^ T hereby claim enutlemer.t to a waiver of penalty under the Aviation Satety 

R-eporling Program arid enclcse evidence that a timely rcpon w^c filed. As to the 

alleviations of fact and violations -

Q 1 requei^t that an Order Assessing Civii I'tniiilty v.-ith Waiver ul Penalty be 

issued and w?.ive my right to a hciiring. 

D I request a hearing in this matter in a.".cordance with p.3ragraph 9. 

9. p7l \ hereby request a hearing in accordance with Subpait u of Pari 13 of ihe Federal 

Aviation P^cgulation.^ with the undei^iandmg that a ComplaioT will be filed. 1 

request that the hearm^ be held in { "'vfi'j.iuA.O . V / ^ ^ ^^^ 

sending this request both To the PAXanoraey and to the Hearing DocksiL Fcdetal 

.A3"iation_AdministrL-iiion, SOO Independence Averoie, SW.. WashingJjliL.DC 

205iL^-\ttentjon: Hearing D-SckeTClcrk, ATicTiO, Wilbur Wright Building, 

Room 2014. personal deliver}' or e>:pcdited courier has been .seni to the Hearing 

r:inckei Clerk at 600 Independence Avenue SW, \VJlbur Wright Building, 

Room 2014, Washington, DC 20591, AUn: HeanngDockt:i Clf.rk, AGC-'13 0 

10. r~l i hereby authorize the Federal Aviation Administrdiioo to release any info:-maUon 

concerning this matter to my attomey/repre:)en(ative identified bcloi\'. In addition, 

( request thai future documents in this case be ssw^. To m}- attorney/represemativc: 

Respondent Information: Attorney/Representativclnforraation; 

Sii;,nature^'.^..-^u fO ^ Name: 

l^Jame. C_jw^\^^ L-^AT^-^A bZ>C-^^-^ Address' 

Address: (Q'O I ^A;^ I/'OLAU^ :^-f Oi\L^.yl^\ FL ' 

Telephoiie: 

telephone: Home "^ ^ \ S ^ ^ 'kS D \ 

Work 

C E Form 2150-16-1 r9./09)