A Federal Aviation Administration (FAA) safety inspector has filed an extraordinary lawsuit against United Airlines, claiming the Chicago-based carrier retaliated against him when he raised a safety issue aboard a May 2022 flight.
United Airlines allegedly imposed a lifetime ban on the inspector and filed an official complaint with the FAA against him, knowing that he had been investigating the airline over alleged safety violations of its Boeing 737MAX fleet.
FAA safety inspector sues United Airlines
Paul Asmus, an aviation safety inspector for the FAA, has filed an incredibly unusual lawsuit against United Airlines, accusing the carrier of defamation, tortious interference with employment, fraudulent misrepresentation, and civil extortion, amongst a slew of other allegations.
A lengthy 76-page civil complaint was filed in a San Jose district court last week, which provides painstaking detail alleging that United’s “conduct sends a clear and dangerous message: those who report safety hazards risk punishment, removal, and financial sanction.
United Airlines branded inspector a threat to employees
Asmus was traveling off-duty on a United Airlines flight on May 12, 2022. Upon boarding, he noticed that the seat back pocket at his assigned seat was torn. Although off-duty, Asmus says he was duty-bound to report this potential breach of FAA safety regulations, as the torn pocket “impaired the ability to secure and access the emergency briefing card.”
He took a photo of the seatback pocket, along with another photo of a passenger standing in the aisle during pushback, which is strictly forbidden.
The crew, however, allegedly accused Asmus of taking photos of them and accused him of being combative when he reported his safety concerns, accusing him of trying to get a free seat reassignment.
The Captain then allegedly demanded that Asmus show the photos he had taken or the plane would return to the gate. Asmus complied with the request, proving that he hadn’t taken a photo of the crew members, but the plane still headed back to the gate, where he was deplaned.
United demanded more than $3,000 in restitution
Following his removal, Asmus claims United “knowingly portrayed a Federal Aviation Safety Inspector as a disruptive customer motivated by greed, rather than a regulator motivated by safety compliance.”
United quickly worked out that Asmus was indeed a bona fide FAA safety inspector and set about investigating whether he had booked a discounted airfare. Asmus alleges that this was all part of a plot to “build a case of character assassination.”
The airline imposed a travel ban on Asmus, demanded $3,153 in restitution from him for the return of the aircraft to the gate, and filed a complaint to the FAA, who, in turn, commenced a civil penalty enforcement action against him.
Inspector is moved off active investigation into United 737MAX jets
After Asmus was put under investigation, he was removed from oversight duties involving United Airlines, and specifically, an active investigation into the airline’s Boeing 737MAX fleet.
Asmus alleges that it was United’s aim all along to have him removed from this investigation.
Administrative law judge dismisses enforcement case against inspector
But when the civil enforcement case went before a Department of Transportation administrative law judge last June, the court ruled that United’s witnesses were unreliable, and the case against Asmus was dismissed.
The FAA chose not to appeal the verdict, so the findings of the judge are final and binding.
‘Chilling effect’ on safety reporting
In its ruling, the court wrote: “If passengers face interference charges for reporting concerns, ‘then no passenger would ever wish to tell the flight attendants about any safety problems,’ which would inevitably ‘impact the safety of the aircraft and the lives of all passengers on board.'”
The ruling further warned that “punishing safety reporting would chill aviation safety.”
Inspector demands $12.75 million from United
Following the court’s findings, Asmus wrote to United to have his travel ban lifted, but the airline has refused to do so.
Following that decision, Asmus is now suing United for $12.75 million, which includes $10 million in punitive damages, $2.5 million in general damages, and $250,000 in special economic damages. Asmus is seeking a jury trial.
United Airlines has yet to respond to the lawsuit. The allegations remain unproven.
