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<S 

U.S. Department Eastern Region 

of Transportation Regional Counsel 

Telephone: 718 553-3278 

Federal Aviation Facsimile: 718 995-5699 

Administration J(jL 1 6 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jannaica, NY 11434 

•^ - i>/t-r 

.. i 

-'''^- 2 I 2010 

' '•%."» ? T 

D.^'T •f. V 

I'l l • 

Re: In the Matter of Marcus Wilson (lPlD^J\ QGb^ h^O/D - Oi^S ^ 

Docket No. 2009EA150078 

Enclosed herein please find a copy of a request for hearing and tlie original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent, 

For the convenience of the wimesses that the FAA expects to call in this matter, tlie 

FAA requests that the hearing in this matter be held in the New York, New York 

area, and expects that the hearing will last one day(s). 

Please address all communications for the Federal Aviation Administration to tlie 

attention of Robert Spitzer, Office of the Regional Counsel, 1 Aviation Pla^a 

Jamaica, NY 11434. 

Sincerely, 

Alfred R- Johnson, Jr. 

Regional Counsel 

By: 

Robert Spitzer 

Attorney 

Enclosures 
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Regional Counsel for the Easum Region Da(e " 7 ' J " / <• 

F«d«ta] Aviation AtJininiariacion 

I Aviaiion Plaza 

Jamaica, NY 11434 

Marcus Wilson - 2009EAI50078 

Subject: FjJMl Notice of PiPtKacJ Civil Penally 

RemonBCAaachrpait 

In reply lo your Final Notice of fwposed Civil ?«naJty, I elect to pnxeed as indicated by rny check mark beside the numbered 

ptragnph bdow: 

\-(_) I h«t«by subihit the unouat of ihe ptt>posed civil penalty with the undeistanding that an Older Anessing Civi] Pennhy o'ill 

be issued in that antount. 

- ^ [ hereby request & bcmal hcariivg in zcconUnce ^ilh Sonion 13.16 of the FedentI Aviation Regulations. 

By <«adin| tkU rorm to the Fedcnl Aviation A<linlBl«ratioii, Eaitem Regioil, I alie h«reby 

certify that a copy of this form hai been died vritk the Hearini Docket Clerk (Hearing Docket, 

Fidera) Avtiiloa AdmlnlKntion, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20S91, Anentlon: Haaring Docket Clerk). 

•• Please note that vau will n/if >« 'THifH <I9 P ''••Mine if vou file this foim with the FedcnJ Aviation Admir^stiBtion. Eastern Rteion. 

WrrHOirr having fi|^j^ ihla form or a written teouctt for a hearing with the KEARINC DOCKFT qiEMC 

' c 

'\1. 

MY ATTOreSEY/RtPRESENTATIVE 

i^ 

HomePhoneNo._^/_^_J£7-72? 7 Addies; 

Business Phone No. Phone No. . 

Q(^~fJ PRIVACY ACT NOTICE 

This notice is piovtded in sccoidance wi(h Section (cX3) of the Privacy Act, 5 U.S.C. SS52B(eX3), and concerns ih« information 

requested in the letter or fonn with wliich thif Notice is enclosed. 

A. /Authority. This infonnalion is solicited pursuant to 49 US,C. 1 lOi ^ jeg., and regulations issued theteunder 

codified in Put 13 of Title 14 of the Code of Fedeial Regulations. Submission of the telephone number is 

voluntary. The request for informiktion is inlcndod to provide you with an opportunity to participate in the 

invcsiigation. 

0. Prin^inal Puipoae. The t«qaested infoimation is intended to assist us in contacting you tegaiding this 

cnfbicentem case. 

C. I^f^nfjne Ua<a. Records Qom thii system of records ittay be disclosed in accoidance with Ihe routine uses as 

Lhey appose tn System ofRacordS No. DOT/FAA 'Un is published from time to time in die Federal Register. 

D. Effect of Failure to Rapond. If you do not provide the niquesied infimnation, there may be delay in conlaciing 

you icgording this enfbieemcnt case, 

^1 r-

< 1 

1 2 2010 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS ;"" -.,'"•.'•-.: ,^_ ^ 

WASHINGTON,D.C. • '•-••'C f'^J'tz D 

?oL. 2 ! 2010 

In the Matter of Marcus Wilson •'. ' - ^-'C^; DOCKE T 

2009EA150078 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of tlie Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

Respondent, Marcus Wilson, was advised through a Final Notice of Proposed Civil Penalty 

tliat the FAA proposed to assess a civil penalty in the amount of $21,100. On July 8, 2010, 

Respondent submitted a written demand for a hearing. 

II 

1. On or about August 8, 2009, you were a passenger on JetBlue Airways 

flight 412, on a flight between San Diego, California and Boston, 

Massachusetts. 

2. The above-described flight was operated pursuant to 14 C.F.R. §121. 

3. During the above-described flight, you attacked a passenger seated next to 

you by pushing the passenger's head into the cabin sidewall, grabbing the 
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passenger's neck, striking the passenger in the eye, and yelling at the 

passenger, forcing the passenger to physically restrain you to prevent 

further attacks. 

4. Wlien flight attendants requested that you move to the back of the aircraft, 

you poked a flight attendant with your fmger, and yelled at the flight 

attendant. 

5. As a result of your conduct onboard the flight, flight-crewmembers needed 

to restrain you in handcuffs for the remainder of tlie flight. 

6. As a result of the above, you assaulted, threatened, intimidated, or 

interfered with crewmembers in the perfonnance of the crewmember's 

duties aboard an aircraft being operated under 14 C.F.R. §121. 

7. As a result of the above, you physically assaulted or threatened to physically 

assault a member of the flight crew or cabin crew of a civil aircraft or aay 

other individual on the aircraft or took any action that posed an inuTiinent 

threat to the safety of tiie aircraft or other individuals on the aircraft. 

in 

By reason of the foregoing facts and circumstances, Respondent violated the following 

section(s) of the Federal Aviation Regulations: 
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a. Section 121,580, wliich states 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 under this part. 

b. 49 U.S.C. §46318(a), which states that an individual who physically assaults 

or threatens to physically assault a member of the flight crew or cabi:n crew of 

a civil aircraft or any otlier individual on the aircraft, or takes any action that 

poses an imminent threat to the safety of the aircraft or other individuals on 

the aircraft is liable to the United States Government for a civil penalty of not 

more tiian $25,000. 

c. Section 91.11, which states 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. 

IV 

1. Pursuant to 49 U.S.C. §46301 (a)(5). Respondent is subject to a civil penalty not to exceed 

$11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $21,100 is appropriate. 
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WHEREFORE, the FAA, by counsel, respectfully requests Uiat the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the Jimount of 

$21,100. 

Respectfijlly submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Robert Spitzer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3278 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of 

the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general denial is deemed a failure 

to file an answer (Section 13.209(e)), 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United States 

mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed as follows: 

Marcus Wilson 

9575 Upland Street 

Spring Valley, CA 91977 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington. D.C. 20591 

Atta: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

JUL 1 6 /;:;o 

Date: 

JoelliMaher 

lagement & Program Analj^t 

Federal Aviation Administration 

Office of A.ssistant Chief Counsel 

1 Aviation Plaza 

Jamaica, NY 11434