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U.S. Department 

of Transportation 

Federal Aviatron 

Administration 

Western-Padfic Region 

Office of the Regional Counsel 

P.O. Box 92007 

LDS Angeles, C/-. 90009-2007 

Telephone: (310) 725-7117 

Facsimile: <310 725-6816 

JUL 2 1 2010 

CERTIFIED MAIL - RETURN RECEIPT REiQUESTED 

t^wmooDCf Ic^OlO-OU^i^ 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Re; In the Matter of Samuel Joseph Latham; Case No. 2010WP150016 

Enclosed is a copy of a request for hearing dated July 14, 2010, and the original a-id one 

copy of the Complaint in the abovc-refeienced proceeding, 

I request that the hearing in this matter be held in the Los Angeles, California arc: i, and 

expect that the hearing will last one day. 

Please address all communications for the Regional Counsel, Western-Pacific Re jion, to the 

undersigned, at: Office of the Regional Counsel, AWP-7.6, Federal Aviation 

Administration, Western-Pacific Region, P.O. Box 92007, Los Angeles, C A 900 "9-2007, 

Telephone: (310) 725-7117, FAX: (310) 725-6S16. 

Sincerely, 

NAOMI TSUDA 

Regional Couns 

lerre Green 

Attorney 

Enclosures: Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED I lOT 

LATER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PU ^'.SUANT 

TO SECTION 13.208(D) OR SECTION 13.218 (F) (1-4) OF THE RULES OF PRACTICE. 

cc: SJC FSDO, AWP-230 
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12003 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of; 

Samuel Joseph Latham, 

Respoadent, 

FAA CASE NO- 20I0WP150016 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of .Practice 

(14 C.F.R. § 13.20S), and states as follows: 

I. 

Respondent, Samuel Joseph Latham, was advised through a Final Notice c :" Proposed 

Civil Penalty, that the Federal Aviation Administration (FAA) proposed to assess n c\\n] 

penalty in the amount of $27,500.00. On July 16,2010, Respondent submitted a • ^/ritten 

request for a hearing. 

U. 

1. On or about December 5, 2009, Respondent was a passenge; on board 

Horizon Airlines' flight 2421, operating from Medford, Oregin, to Los 

Angeles, California. 

2. On the above occasion, Horizon Airlines flight 2421 was operating: under part 

121 of the Federal Aviation Regulations. 

3. During the climb in the flight referenced in paragraph 1 above, .''.espondent 

ran out of the lavatory naked and pushed a crew member, 

4. Still naked. Respondent pushed another crewmember at least twi ;:e, and had 

to be restrained by two passengers. 
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5. After the aircraft landed and while Respondent was still naked, llespondent 

got up and attempted to go into the flight deck as the Captain ai tempted to 

exit the flight deck. 

6. As a passenger was altempling to Slop Respondent ftom going int:- the flighv 

deck and a responding police officer attempted to subdue Fi^spondent, 

Respondent bit the passenger several times in his left shoulder. 

7. Respondenx's conduct referenClid in the above paragraphs interfered with the 

performance of the crewmembcrs' duties aboard an aircraft in operiiiion. 

in. 

By reason of the foregoing facts and circumstances. Respondent, violated :he 

follovkang Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

Section 121.580, which states that no person may assault, threaten, intimit -ite, or 

interfere with a crewmember in the performance of the crewmember's d\ lies aboard 

an aircraft being operated under this p;ut. 

Respondent also violated Title 49, Section 46318 of the United States Code, which 

states that anyone who physically assaults or threatens to physically assault a me nber of the 

flight crew or cabin crew of a civil aircraft or any other individual on the aircraft is liable to 

the United States Government for a civil penalty. 

IV 

1. Pursuant to Title 49 U.S.C. 46301(a)(5)(A), Respondent, is subject t;: a civil 

penalty for each of the violations noted. The maximum penalty for < ich 

violation is $11,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $2'.500.00 is 

appropriate. 
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WHEREFORE, the Complainant, respectfully requests that the Administrtiive Law 

Judge enter an order that Respondent, be assessed a civil penalty in the amount of 

$27,500.00. 

Respectmllv submitted. 

Lieirs Green 

Atto^ey 

Office of the Regional Courtsel 

F,ederal Aviation Administration 

•"Western-Pacific Region 

DATED: MZIIQIO 

cc: SJC FSDO, AWP-230 
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CERTIFIED MAIL- RETURN RECEIPT REQUESTED AND REGULAR MA.iL 

U.S. Depaitzneat of Transportation 

Federal Aviation Adnuoistratioii 

REOUECTFOP A HFAPTNG 

I, Samuel Joseph Latham, hereby request a hearing in accordance widi Subfpart Q of Part 

13 of the Federal A^dalion legulations with the undeistanding that a Complaint > ^ill be 

filed. I am sending 'diis request }»th to ihe FAA attom^ and to the Federal AviaiioB 

Administraiion, 800 Independence Ave., SW, Washiagton, D.C. 20591, Attcnticii: 

Hearing Docket Clerk. AGC-430, Wilbur Wri ^ Buildiiig, Suite 2W1000. 

Signature: S^* ^ ^5^ii/ipi^ZZ> 

Name: ^g ^ Lii'M^^tr^ 

Address: 336^^ ^ A/»ii>K>l 5*/. 

Telephone: [fS^Jf ^9^ 1 - ^^^ 7 

I>ate: l/fsJscjC? 

Case No.: ^O/( 7 f.J Pl ^ DO/ ^ 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile a copy of the Coriplaint, 

and placed in tlie United States mail, postage prepaid, certified mail - return receirt 

requested, the executed original and one copy of the Complaint, addressed as follows; 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000 

Facsimile (202) 493-5142 

I ftirther certify that on this date I have placed in tlie United States mail, pcistage 

prepaid, certified mail - return receipt requestjd, a true copy of the Complaint, adilressed as 

follows: 

Samuel Joseph Latham 

33690 Ahnond St. 

Wildomar.CA 92595 

Dated: JUL 2 1 2010 

JeffKambefg 

Legal Technician 

Office of the Regional Counsel ( 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California