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:PTO^v;::,,;:cpoRTATiGH 

<d 

U.S. Department Western-Pacific Region P.O. Box 92007 

of Transportation Office of the Regional Counsel Los Angeles, C,:^ 90009-2007 

Federal Aviation Telephone: (31J) 725-7142 

Administration Facsimile: (31C| 725-6816 

Al/G 0 6 2010 

CERTIFIED MAn. - RETURN RECEIPT REQUESTED 

Federa] Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Cleric, AGC-430 ^ / ^ ^ 

Wilbur Wright Building - Suite 2W1000 C. P/ 0 CO ^ 6 6> / / j ^0/ 0 - 0 7o 3 

Re: In the Matter of Donna R- Devanev: Cas-i No. 2010 WP250031 

Enclosed is a copy of a request for bearing dated July 29, 2010, and the original a.-d one 

copy of the Complaint in the above-referenced proceeditig. 

1 request that the hearing in this matter be held in the Sacramento, California area, and 

expect that the hearing will last one (1) day. 

Please address all commtinications for the Regional Counsel of Ae Western-Pacific Region, 

to the undersigned, at: Office of the Regional Counsel, AWP-7.12, Federal Aviat >n 

Administration, Western-Pacific Region, P. O. Box 92007, Los Angeles, C A 900(I9-2007, 

Telephone: (310) 725-714Z FAX: (310)725-6816. 

Sincerely, 

NAOMI TSUD A 

Regional Counsel 

By: -^^yjg^^^^cK r^^'^X^Mk/C^ 

Adam Runkel 

Attorney 

Enclosure.*!: 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 K OT 

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

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PUr:SUANT 

TO SECTION 13.208(D) OR SECTION 13.218(F)(l-4) OF THE RULES OF PR^iCTlCE. 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Donna R. Devaney: FAA DOCKET UNASSIG)''fED 

FAACASENO. 2OlO\VP2?i003I 

Respondent. 

JUDGE NOT ASSIGNED 

COMPLMNT 

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

(14 C.F.R. 13.208), and states as follows: 

1, 

Respondent, Donna R. Devaney, was advised through a Final Notice of Pr:)posed 

Civil Penalty (Final Notice), dated June 28,2010, that the FAA proposed to asses;; a civil 

penalty in the amoxmt of $2,000.00. Respondent was advised through an Order Assessing 

Civil Penalty dated July 22, 2010, that no written request for a hearing had been S-i bmitted 

in accordance with the instructions contained in the Final Notice. On July 30,2010, 

Respondent subnaitted a written request for a hearing. On August 6, 2010, the FA t\. 

withdrew the Order Assessing Civil Penalty dated July 22,2010. 

n. 

1- On or about March 3, 2010, Respondent was a passenger on board Sk> King 

flight 2521 from Egg Harbor City, New Jersey, to Houston, Texas. 

2. On the above occasion. Sky King flight 2521 was being operated unde- part 121 

of the Federal Aviation Regulations, 
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3. When Respondent boarded the aircraft Respoudenl demanded to sit ir a front exit 

row seat to which Respondent was not assigned. 

4. Respondent argued with two flight attendants when they informed Re :pondent 

that Respondent could not sit in a front exit row seat, as Respondent a .-'peared to 

be intoxicated. 

5. Despite the flight attendants' instructions. Respondent refiiscd to take 

Respondent's assigned seat and coatinued to demand a front row seat. 

6- The flight attendants called the flight's Captain for assistance. 

7- Respondent refused to take Respondent's assigned seat when the fligbi.'s Captain 

requested Respondent to do so. 

8. Due to Respondent's behavior and apparent state of intoxication, the f :.ght s 

Captain decided to have Respondent removed from the aircraft 

9. A crewmember coniacied Atlantic City International Airport law enfo;"cemcnt to 

request their assistance. 

10. Respondent was escorted off the aircraft by tlic New Jersey State Police. 

11. Respondent's actions, as described above, delayed the flight's departu ;, 

12. Respondent's actions, as described above, interfered with the crewmeribers' 

duties. 

m. 

By reason of the foregoing facts and circumstances. Respondent violated the follcAving 

section of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. 121.580, which states that no person niay assault, threaten, intimidate, [)r 

interfere with a crewmember in the performance of the crewmembcr's duties 

aboard an aircraft being operated under this part. 

TV. 

1. Pursuant to Title 49 US.C, Section 46301 (a)(5)(A), Respondent is <5ubject to 

a civil penalty not to exceed $11,000.00 for each of the violations alleged. 

2, Under the facts and circumstances of this case, a civil penalty of $1,000,00 is 

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

Judge enter an order that Respondent be assessed a civil penalty in the amount of ;i;2,000.00. 

Respectfully submitted. 

Adam Runkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Westem-Pacific Region 

DATED: AUG 0 6 2010 
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iiooe 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington OC 20591 

Attn: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building, Room 2W1000 

July 79, 2010 

. 1 ; • 

western-Pacific Region 

Office of Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Attn: Adam Runkel 

Re: Case No. 2010WP250031 

To whom It may concern: 

3 i '. 

f>; - '-^1 ; ->. ' f 

-f r 1 

In compliance with Section 13,16 of the Federal Aviation Regulations, subpart (f • Request 

for a Hearing and subpart D 13.35; I, Oonna R, Devaney, am requesting a hearl.-ig for case 

number 2010WP250031. The alleged violation on board Sky King 2521 was not clue to 

intoxication as stated, but the results of medication I had received In my recent admittance 

and release from AC Regional Medical Center. The following documentation From the AC 

Regional Medical Center illustrates the medication which I was administered whll;' my stay 

In their emergency room. We were advised by Mr, Runkel that his medical staff mediral 

professional is of the opinion that it would not have caused the behavior alleged in the Notice:, Please 

review the following medications and their usage and side effects: 

Hvdromorphone : It is thought to be 8-10 times Stronger than morphine, but witli a tower 

risk of dependency. Hydromorphone is, therefore, preferred over morphine in many areas 

ranging from the emergency department to the operating suite to ongoing treatrr ant of 

chronic pain syndromes. Hydromorphone lacks the toxic metabolites (e.g., norpenidlne) of 

many opioids related to pethidine and some of the methadone and tends to caiisti less 

nausea than morphine. More common side effects include lighc-headedness, dizziness, 

sedation, constipation, nausea, vomiting, and sw/eatlng. 

Ondan^tron is a well-tolerated drug with few side effects. Constipation, dizziness and 

headache are the most commonly reported side effects associated with its use. 

Diphenhydramine has also been used as an anxiolytic because of these sedating side 

effects. Side effects include motor impairment (ataxia), dr/ mouth and throat, flu;-.hed skin. 

Increased heart rate (tachycardia), blurred vision at nearpornt owing to lack of 

accommodation (cycioplegia), abnormal sensitivity to bright light (photophobia), pjpil 

dilation (mydriasis), urinary retention, constipation, difficulty concentrating, short-term 

memory loss, visual disturbances, hallucinations, irregular breathing, dizziness, irritability, 

itchy skin, confusion, decreased body temperature (generally in the hands and/or feet), 

erectile dysfunction, excitability, and delirium 
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Metocloprjimide is commonly used to treat nausea and vomiting (emesis) assodated with 

conditions including: emetogenic drugs, uremia, radiation sickness, malignancy., labor, and 

infection. It is also used for the prevention of nausea and vomiting when the p;:itient is given 

an opiate, such as morphine 

The cause of the hospital admittance was due to a lingering head injury dating i:)ack to 

January 23, 2010 at which time 1 had suffered a severe concussion. My neurolctjist has 

diagnosed me with "post concussion syndrome' and described the severity of the 

concussion as an 8 on a scale of 10. Five days after returning from New Jersey I was 

admitted to the hospital for four day stay due to my condition. Each time I havr.: been 

admitted to a hospital these same medications have been used and it takes day;; for body to 

recover from their side effects. Hydromorphone alone is 10 times stronger than morphine 

^nd I had only been released for 5 hours prior to boarding the air craft. My disc:mfort, 

medication intake and dilution arc the nature and circumstances of the violatior. 

1 am requesting this hearing not to justify my manners, but to show evidence what 

contributed to it due to my condition. 

Thank you for your consideration, 

Donna R. Devaney 

05WS^^^ 

Enclosed; AWP-7 FORM 2150-25 

AC Regional Medical Center itemized medical bil 

Cc: Carey W. Terasaki (via email) 
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REPLY TO NOTICE OF PROPOSED CIVIL PENALTY 

For Companfes, Security Cases^ and Individuals: Other than those ac ^mg in the 

C3pacit!/ of 3 pilot, mQchanic, flight engineer or repairman 

Regional Counsel for the Western-Pacific Region 

Federa/Aviation Acfmin/sfration, AWP-7. 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Subject: Notice of Proposed Civil Penalty 

in reply to yourNofrce of Proposed CMl Penalty. I elect to proceed as indicated by my 

check mark beside the numbered paragraph(s) below: 

1 - [ J I hereby submit the amount of the proposed civil penalty with the , ;, 

understanding that an order assessing civil penalty will be issued in the amouri without 

fiirther notice, and that I waive my right to a hearing. 

2, I J / hereby submit evidence and informatfon, demonstrating that a vfolaiion of 

tt\& regufaffons did not occur or that the amount of the penalty Ls not warranted Jiythe 

circumstances. 

3- f J / hereby submit information and records showing that / am financial/y umable to pay 

the proposed civi7 penalty, or that payment of the penalty would prevent me trom ccntihuing in 

business, 

4. [ J I hereby request that a civil penalty be assessed iii the amount of $ ^ ; , 

and f submit the reasons for the reduction of the proposed amount My request o^nstltutes 

my agreement that if this offer is accepted by the FAA, an Order Assessing Civil Penalty in 

that amount may be issued Without further noiice and I waive my right to a hearinjr: 

5. f J / hereby request an informai conference that will bo held at tha Office of 

the Regional Counse/, hfawthome, California, or. . • * . .. ... . 

(a mi/tually convenient location) in orderfo discuss this matter with the nitorneyin rharge 

of this case and to present evidence and infomiafion on my behalf 

6.1 J f hereby request that the FAA impose a civil penalty without making the fine ngs of 

violations, and submit my reasons. My request constitutes rny agreement that if this offer is 

accepted, a Compromise Order will be issued rn that amount and I waive my rig.,f to a 

hearing. 

AWP-7 FORM 2150-25 (12/0© Edition) 
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7. [ ] I hereby claim entitlement to a waiver of penalty under the Aviation iJafRty 

Reporting Program and enclose evidence that a timely report was filed. As :D tne 

allegations of fact and violations: 

7a. I J I request that an Order Assessing Civil Penalty be issued and wai* 3 ury 

right to a hearing. 

7b. f J I request a hearing in this matter in accordance with paragraph 8. 

8- f ^ J f hereby request a hearing in accordance with Subpart G of Part 1.3 of the 

Federal Aviation Regufations with the understanding that a Complaint will ba fifec', I 

request that the hearing be held in "y^jiCAS . I am sending •lis 

request both to the FAA attorney and to the Federal Aviation Administration, t:0O 

Independence Ave.. SW, Washington, D,C. 20591, Attention: Hearing Docket Cferk, 

AGC-$30, Wilbur Wright Buildiqg, Suite 2W1000. 

Signature: (l)(Tyif-(UXLM 

Name: T^»*u<^A. ^ . Dg-i/^i^/C-i 

Address: Ztt - 'yT(aif(/Z,1^^i>t^ 

Telephone: Cs'^0> BZ^-^^^ ^ 

Date: rTTT^^'^ t ^ ^ t^OlO 

:ase i^o.: 'Zo/C>W' P 'Z'^O^ l < 

[ I I request that future documents in this case be sent to; 

ame: 

dress: 

phone: 

•7 FORiW 2150-26, Page 2 of 2 {12/OS Edition^ 
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Exceptional Medical Transportation 

P0B0X1 9 

WESTPERLINjs y 08091 

/^-86d-290-491 ^ . j-r ^ 

Paileot name; DEVANEY, DONNA 

DONNA DeVANEY 

212 STEEPLEBROO K DR 

SPRING BRANCH . T X 78070 

/ 

Patient SSN: 

Bun number: 10'1?7B7 

Dare C7f call: 3/4/2010 

Time af cad: 0Q;1S 

Caller: 

From: HARRAH'S 

To: AC REGIONAL MEDICALCEWER - ClTf 

Primary payor eill Pstiant 

Secondary payor: 

Description Check # 

BLS Emergenc y Response 

6LS Mil&itge 

City of AC BLS Dispatch Fee 

Quantity 

1 

1 

1 

Unit price Payment di: ;e 

695.00 

9.50 

15.00 

Amount 

S95.00 

9.S0 

15.00 

Joki a 

PLEASE PAY THIS AMOUNT: $719.50 

Patient name: DEVANEY. DONNA 

Patient SSN; 

DETACH AtONO ABOVE UN ^ ANO neUM i aiU e WITH <OUn PAYVCKT, THANK *OU 

Run number: 10-12787 

Current date: 03/08/2010 

Remit to: Exceptional Medical Transportation 

POBOX19 

WEST BERLIN. NJ 08091 

Amount 

enclosed; E 

Due on: 3/22l2.0^0 

rHANK YOU FOR USING EXCEPTIOWAL MEDICAL TRANSPORTATION, IF INSURANCE IS AVAILABLE TO CCVER THESE 

JERVICES, PLEASE CONTACT OUR OFFICR. FOR YOUR CONVENIENCE WE ACCEPT ALL MAJOR CREDIT 

^APn.=t-pr FAftcr.Ar f OU R mr i iWfj 0FF!C F flTi-fl6a-259n-ii.<?li. 
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31012 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United 

States mail, postage prepaid, ceitificd mail - return receipt requested, the execute;! original 

and one copy of the Complaint, addressed as follows: 

Federal Aviation Admutistraiion 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright BuUding—Suite 2W1000 

Facsimile: (202) 493-5142 

I ftirthcr certify thai on this date I have placed in the United States mail, pr-stage 

prepaid, certified mail - return receipt requested, a true copy of ihc Complaint, adiressed as 

follows: 

Donna R. Devaney 

212SteeplebrookDr. 

Spring Branch, TX 78070 

Dated; AUG 0 6 ZOIO 

Jeff Kamber^Legaj Technician 

Office of the Regional Counsel 

Federal Aviation Admiiiistiation 

Westem-Pacific Region 

Lawndale, California 

cc: SAC FSDO/AWP-230