04-12-2017, 11:20 AM
(04-12-2017, 11:13 AM)BmorePat87 Wrote: -Nothing, I'm just kicking the hornet's nest
-I'm sure they are sending him their legally required written explanation.
-They didn't but that doesn't prevent them from bumping once seated.
-I'm not sure if their policy explicitly spells it out but federal regulations allow it.
-Not that I know of. I doubt he will since the don't want to deal with the headache of a lawsuit. Easier to not charge and not pay the legal costs. Doesn't mean the crime didn't occur.
-Looks like it
-See two bullets above
-His rights are very limited in this situation. They're required to give you a flight within an hour of your original arrival. If they can't, your compensation goes up per regulations. It sucks that he was chosen, but it's either cause one person to be a late or a whole plane to be late because the crew isn't there. For all of the outraged passengers, not one was willing to volunteer in his place.
His rights aren't as limited as people think is what we are learning now. Like you said they may send the notice to him, the issue is that isn't what is legally required it. The notice is to be provided at the time of the deboarding. The whole point of this notice is to explain what is happening and why in a easy to understand written format. If their failure to provide the notice is believed to have escalated the events that then lead to the following injuries (up to a jury to decide) then they are going to be liable from a civil stand point for the injuries and other issues that came after.
Also his right to not be injured in the process of removal is going to be questioned. Reasonable force is subjective, but the officer already got sold out by the department so it stands to reason that a jury is probably going to question the force if the department is named in a lawsuit.
I agree that he is responsible for the larger issues here, however other's contributed and as a consumer and citizen it is important that those rights are honored or else we get into slippery slopes.
