1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA LAW FIRM

A PROFESSIONAL CORPORATION 

 3101 NORTH CENTRAL AVE, SUITE 720 

PHOENIX, ARIZONA 85012 

 _____________

(602) 230-2636 Fax (602) 230-1377 

david@gaonalaw.com; docket@gaonalaw.com 

David F. Gaona, State Bar No. 007391 

Attorneys for Plaintiffs 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

DAVID KHALAJ and JULIET DAVID 

YOUMARAN, 

 Plaintiffs, 

vs. 

THE UNITED STATES OF 

AMERICA, 

 Defendant.

No. 

COMPLAINT 

(Pursuant to the 

Federal Torts Claim Act) 

Plaintiffs David Khalaj and Juliet David Youmaran, for their Complaint against the 

Defendant, allege as follows: 

1. At all relevant times, Plaintiffs David Khalaj and Juliet David Youmaran were husband 

and wife, United States citizens and residents of the State of Arizona. 

2. At all relevant times, the Defendant, United States of America, acted through its 

agency, United States Customs and Border Protection. 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 1 of 11
2 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

3. This action is brought pursuant to the Federal Torts Claim Act (FTCA), 28 U.S.C. §§ 

2671 et. seq. against the United States of America. Exclusive subject matter jurisdiction of 

Federal Torts Claim litigation is veted in the Federal District Court. 28 U.S.C. § 1346(b). 

4. Venue is proper in the District of Arizona pursuant to 28 U.S.C. §§ 1391(b)(1) and/or 

1391(b)(2) because the United States is a Defendant. 

5. This is a personal injury action claim for damages arising out of injuries to the 

Plaintiffs arising out of the actions of the United States Customs and Border Protection 

agency’s employees/officers, occurring the afternoon of January 1, 2016 within the “customs” 

area of Sky Harbor International Airport in Phoenix, Arizona. At that time, the Plaintiffs, 

traveling with their ten-year-old son and seventeen-year-old daughter, were returning from a 

holiday vacation in Puerto Vallarta, Mexico, had landed at Sky Harbor Airport and had 

cleared “customs”, but remained in the area of the airport staffed by Customs and Border 

Protection employees and officers. During their time in the customs area of the Sky Harbor 

International Airport, Plaintiffs were illegally assaulted, detained and imprisoned, resulting in 

their injuries. 

6. This case is brought against the United States of America pursuant to 28 U.S.C. § 

2671, et. seq., commonly referred to as the “Federal Torts Claim Act”. Liability of the United 

States is predicated specifically on 28 U.S.C. §§ 1346(b)(1) and 2674 because the personal 

injuries and resulting damages that form the basis of this Complaint were proximately caused 

by the negligence, wrongful acts and/or omissions of employees/officers of the United States 

of America acting through its agency, United States Customs and Border Protection. These 

employees/officers were acting within the course and scope of their office of employment, 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 2 of 11
3 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

under circumstances where the United States of America, as a private person, would be liable 

to the Plaintiffs in the same manner and to the same extent as a private individual under the 

laws of the State of Arizona. 

7. Pursuant to 28 U.S.C. § 2675, the Plaintiffs’ claims were presented to the appropriate 

agency of Defendant, United States of America, namely, United States Customs and Border 

Protection on June 28, 2017. The United States has failed to respond and thus, on December 

26, 2017, the claims were deemed denied by operation of law. 

GENERAL ALLEGATIONS 

8. Plaintiffs incorporate by this reference each and every allegation as set forth in 

paragraphs 1-7 above, as if fully set forth herein. 

9. On January 1, 2016, at approximately 4:00 p.m., the Plaintiffs, with their two minor 

children, returned to Sky Harbor International Airport from Puerto Vallarta, Mexico. 

Following deplaning on that day, and after proceeding through immigration (customs), 

Plaintiff Khalaj was feeling light headed. Ascribing the feelings to low blood sugar, and 

feeling hungry, Mr. Khalaj proceeded ahead of his family and wanted to proceed out of the 

designated customs area to purchase a snack. As he sought to leave the area, he was told that 

he could not pass through without his passport, although he had already “cleared” customs. 

Mr. Khalaj then returned to where his family was located, obtained his passport and both he 

and Plaintiff Juliet David Youmaran, approached the checkpoint/location of officers so that 

Mr. Khalaj could depart the area and obtain some food. 

10.Rather than allow Mr. Khalaj to exit the customs area, a Customs and Border 

Protection employee/officer informed Mr. Khalaj that he could not exit and he would need to 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 3 of 11
4 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

wait for his entire family before he could exit, although he had previously “cleared” customs 

and had his passport, informing the Customs and Border Protection employee/officer that he 

needed sustenance because his blood sugar levels were low. 

11.At that point, the Customs and Border Protection employee/officer contacted a 

supervisor who then appeared on the scene. The supervisor was informed that Mr. Khalaj 

was diabetic and that he needed to proceed out of the checkpoint ahead of his family, 

whereupon they were informed again that neither could proceed without the entirety of their 

family being present. When Mr. Khalaj began questioning that decision, additional 

employees/officers of Customs and Border Patrol surrounded him, and commenced taking 

offensive action. At no time did Mr. Khalaj take any aggressive or provocative action against 

the officers, or attempt to leave, all he did was question why he was not permitted to leave the 

area, yet, the Customs and Border Protection employees were taking aggressive stances, 

ultimately grabbing him for no reason, without consent and without provocation. Mr. Khalaj, 

not understanding why the Customs and Border Protection employees/officers were acting so 

aggressively, asked the officers to stop touching him, leading the officers to grab him even 

more aggressively, forcing him into a chair where he was detained. 

12.At or about that same time, Plaintiff Juliet David Youmaran, noting the manner in 

which the Customs and Border Protection employees/officers were treating her husband, 

reacted and tried to prevent them from assaulting and detaining her husband, whereupon 

aggressive action was taken by those same officers against her and she was then handcuffed 

and detained. 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 4 of 11
5 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

13.Thereafter, Plaintiffs were transported, without their consent and without reason, in 

handcuffs, to holding cells. 

14.All the while, Customs and Border Protection employees/officers, beyond their 

physical assault on the Plaintiffs, were engaged in continuous verbal assault, questioning the 

citizenship of the Plaintiffs (both American citizens), making fun of them based on their 

heritage and culture (both of the Plaintiffs were born in Iran), placing Plaintiffs in greater fear 

of what was next. 

15.Ultimately, the Customs and Border Protection employees contacted the City of 

Phoenix Police Department on site at the Sky Harbor International Airport, who then 

appeared at the holding cell. All the while, the minor children of the Plaintiffs were in the 

same vicinity, saw what was occurring to their parents, and yelling at the Customs and Border 

Protection officers to let their parents go and cease and desist from their aggressive and 

assaulting behavior. 

16.Later, supervisory personnel of the Customs and Border Protection agency at Sky 

Harbor, reviewed footage from cameras within the Customs area, spoke to an Assistant U.S. 

attorney, learned that prosecution would not be pursued and the Plaintiffs were then released 

to the City of Phoenix Police Department officers on site. 

17.At all times, the Customs and Border Protection agency officers who came into contact 

with Plaintiffs, physically and verbally, were, consistent with Agency mandate, federal law 

enforcement officers empowered to exercise authority and perform law enforcement duties. 

/ / / 

/ / / 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 5 of 11
6 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

FIRST CAUSE OF ACTION 

ASSAULT AND BATTERY 

18. Plaintiffs incorporate by this reference all of their allegations contained in paragraphs 

1-17 above, as if fully set forth herein. 

19. Employees/officers associated with the United States Customs and Border Protection 

agency, engaged in harmful or offensive contact with each Plaintiff, David Khalaj and Juliet 

David Youmaran, all with the intent to cause each Plaintiff to suffer such illegal contact and 

apprehension. 

20.Employees/officers of the United States Custom and Border Protection agency 

intentionally caused harmful or offensive physical contact with both Plaintiffs, David Khalaj 

and Juliet David Youmaran, none of which was invited, authorized, consented to by either 

Plaintiff, and was harmful and offensive. The contact to each Plaintiff was such that it would 

offend the reasonable sense of personal dignity of each Plaintiff, and would offend the 

reasonable sense of personal dignity of reasonable people. 

21.Multiple incidences of battery and assault occurred when employees/officers of the 

United States Customs and Border Protection agency without provocation, first grabbed and 

restrained, unnecessarily, Plaintiff David Khalaj, and later handcuffing Plaintiff David Khalaj 

and then grabbing him, pushing him and hitting him into a holding cell, as well as moving 

him, aggressively, from the holding cell to a restroom and back. 

22.Additional instances of assault and battery were committed upon Plaintiff Juliet David 

Youmaran by employees/officers of the United States Customs and Border Protection agency 

when she, in an attempt to protect her husband who she knew was only trying to seek an 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 6 of 11
7 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

opportunity to leave the premises and obtain some food and then was assaulted without 

provocation or consent, attempted to assist her husband leading to employees/officers from 

the United States Customs and Border Protection agency engaging in assault and battery on 

her, offensive conduct to which she neither consented directly or by implication, including 

hitting her one or more times and causing injuries from which she still suffers. 

23.The act of employees/officers of the United States Customs and Border Protection 

agency, constituting assault and battery, proximately caused injuries to Plaintiffs David 

Khalaj and Juliet David Youmaran for which they seek damages in an amount to be proven at 

trial. 

SECOND CLAIM 

ILLEGAL DETAINMENT AND IMPRISONMENT 

24.Plaintiffs incorporate by this reference, as if fully set forth herein, all of their 

allegations set forth in paragraph 1-23 above. 

25.Employees/officers of the United States Customs and Border Protection agency, acted 

intentionally to illegally restrain and detain each of the Plaintiffs, David Khalaj and Juliet 

David Youmaran, to an area within their control, the customs area of the Phoenix Sky Harbor 

International Airport. In doing so, the United States Customs and Border Protection agency’s 

officers acted without lawful authority and without either of the Plaintiffs consent, resulting in 

direct restraint of each of the Plaintiffs liberties or freedom of movement, by both actual force 

and from Plaintiffs fear of force and additional force. All of the acts of the United States 

Customs and Border Protection agency’s officers would have caused a reasonably prudent 

person in the same situation as each of the Plaintiffs to believe that he or she was being 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 7 of 11
8 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

detained and restrained without consent, and, each of the Plaintiffs suffered injury and harm 

as a result of the unlawful and nonconsensual restraint and detention that lasted for numerous 

hours. 

26.As a direct and proximate result of the Plaintiffs false imprisonment and restraint, each 

of the Plaintiffs, David Khalaj and Juliet David Youmaran, suffered and continue to suffer 

injuries, all in an amount to be proven at trial. 

27.In addition to the physical restraint upon each of the Plaintiffs, each of the Plaintiffs 

were subjected to name calling and racial epithets, once the officers of the United States 

Customs and Border Protection agency determined that the Plaintiffs were born in Iran. Such 

name calling and racial epithets furthered the Plaintiffs fear of even additional force by the 

United States Customs and Border Protection agency’s officers who already were improperly, 

illegally and without consent, restraining each of the Plaintiffs, causing them injury and harm. 

THIRD CLAIM 

NEGLIGENCE 

28.Plaintiffs incorporate by this reference, as if fully set forth herein, all of their 

allegations set forth in paragraph 1-27 above. 

29.For all material times, the United States Customs and Border Protection agency 

officers were federal law enforcement officers empowered to exercise authority and perform 

the duties provided by federal law and the Department of Homeland Security regulations. As 

such, and in the exercise of those duties, obligations and powers, each officer possesses duties 

of reasonable care consistent with their knowledge, intelligence and judgment that society 

requires of its members for the protection of their own interests and the interests of others, 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 8 of 11
9 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

including conduct of a reasonably prudent person under the circumstances. At no time were 

the Plaintiffs a risk to the Defendant officers. As such, the conduct of the officers was 

negligent as their conduct caused an invasion of the Plaintiffs’ interests that was unreasonable 

and unnecessary. In that regard, Defendant officers breached their duty to the Plaintiffs, 

causing each of the Plaintiffs injuries. The breach of the Defendant officer’s duty was a 

proximate cause of the Plaintiffs injuries for which the Defendant is responsible. 

30.As a proximate cause of the Defendant officers’ negligence, to which Defendant is 

responsible, Plaintiffs and each of them, has suffered damages, including physical injuries for 

which they have incurred medical costs and will continue to incur medical costs in the future, 

emotional injury for which they have incurred health care costs and will continue to incur 

health care costs into the future, general damages inclusive of pain and suffering, loss of 

consortium and loss of enjoyment of life damages. In addition, Plaintiffs have suffered loss 

of reputation and business injury, all of which will be proven at trial. 

WHEREFORE, Plaintiffs request that judgment be entered against the Defendant, the 

United States of America, for the acts of the United States Customs and Border Protection 

Agency, for all of their inappropriate, non-consensual, illegal and tortious actions and that 

Judgment be entered against the United States in such amounts to reasonably compensate 

each of the Plaintiffs, David Khalaj and Juliet David Youmaran, for the illegal, improper, 

non-consensual and tortious conduct engaged by the United States, through its agency, the 

United States Customs and Border Protection, all in amounts to be proven at trial, including 

damages for physical injuries, all health care expenses incurred and to be incurred in the 

future, pain and suffering, emotional distress, loss of consortium, enjoyment of life, loss of 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 9 of 11
10 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

reputation, loss of companionship and affection of society and moral support, all in amounts 

to be proven at trial; and, for such other and further and appropriate relief deemed appropriate 

and just in the circumstances. 

DATED this 29th day of December, 2017. 

GAONA LAW FIRM 

 /s/ David F. Gaona 

David F. Gaona 

3101 North Central Avenue, Suite 720 

Phoenix, Arizona 85012 

Attorneys for Plaintiffs 

 David Khalaj and Juliet David Youmaran 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 10 of 11
11 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

GAONA 

LAW 

FIRM

3101 North Central Avenue – Suite 720 

Phoenix, Arizona 85012 

CERTIFICATE OF SERVICE

 I hereby certify that on December 29, 2017, I electronically transmitted the attached 

Complaint to Clerk’s Office using the CM/ECF System for filing 

 /s/ Barbara J. Kuhns 

Case 2:17-cv-04802-DJH--DKD Document 1 Filed 12/29/17 Page 11 of 11