United States Second Circuit

In a case brought by a passenger-plaintiff, who was arrested after she made a comment about a non-existent bomb in her luggage, against airline and the employee who reported plaintiff's comments, asserting federal and state claims including negligence, defamation, false arrest and intentional infliction of emotional distress, the district court's grant of summary judgment is affirmed where: 1) no reasonable jury could have found the employee's statements relaying plaintiff's reference to the bomb to be materially false; and 2) the employee's report made, first to her supervisor, and subsequently to law enforcement officials, is covered by the Aviation and Transportation Security Act, 49 U.S.C. section 44941 (ATSA), and thus defendants are entitled to immunity.

Appellate Information

• Decided 07/16/2015
• Published 07/16/2015

Judges

• Jacobs

Court

• United States Second Circuit

Counsel