Passengers Sued Over Imams' Removal

Six Muslim men removed from a plane last fall after being accused of suspicious behavior are suing not only the airline but the passengers who complained — a move some fear could discourage travelers from speaking up when they see something unusual.

The civil rights lawsuit, filed earlier this month, has so alarmed some lawyers that they are offering to defend the unnamed "John Doe" passengers free of charge. They say it is vital that the flying public be able to report suspicious behavior without fear of being dragged into court.

"When you drive up the road towards the airport, there's a big road sign that says, `Report suspicious behavior,'" said Gerry Nolting, a Minneapolis lawyer. "There's no disclaimer that adds, `But beware if you do that, you might get sued.'"

The six imams were taken off a Phoenix-bound US Airways flight on Nov. 20 while returning home from a conference of Islamic clerics in Minneapolis.

Other passengers had gotten nervous when the men were seen praying and chanting in Arabic as they waited to board. Some passengers also said that the men spoke of Saddam Hussein and cursed the United States; that they requested seat belt extenders with heavy buckles and stowed them under their seats; that they were moving about and conferring with each other during boarding; and that they sat separately in seats scattered through the cabin.

The plane was cleared for a security sweep, nothing was found, and the jet took off without the imams.

The Muslim clerics say they were humiliated, and are seeking unspecified damages from the airline, the Minneapolis airport and, potentially, the John Does.

Omar Mohammedi, the New York City attorney for the imams, said the intent is not to go after passengers who raise valid concerns about security. But he suggested some passengers may have acted in bad faith out of prejudice.

"As an attorney, I have seen a lot of abuse by the general public when it comes to members of the community creating stories that do not exist," Mohammedi said.

He denied the imams were talking about Saddam, and said that their seats were assigned and that they requested extenders because their seat belts didn't fit.

Some fear such lawsuits could weaken what has become the first line of defense against terrorism since Sept. 11 — an alert public. At airports and train and subway stations around the country, travelers are routinely warned to watch for unattended bags and suspicious activity and to notify authorities.

Ellen Howe, spokeswoman for the Transportation Security Administration, which oversees security at all U.S. airports, would not comment specifically on the imams' lawsuit. But she said the TSA counts on passengers to help the agency do its job.

"`See something, say something' is certainly a common mantra in this day and age," Howe said. "We would always remind passengers to be both vigilant and thoughtful."

In reaction to the imams' lawsuit, Congress has taken steps to legally protect passengers who report suspicious activity. Earlier this week, the House approved an amendment to a rail transportation security bill that would make passengers immune from such lawsuits, unless they say something they know is false.

Mohammedi said he has not yet identified any of the complaining passengers. An airport police report listed a passenger and two US Airways employees as complaining about the imams. All three had their names blacked out before the lawsuit was filed by invoking a Minnesota law that allows it, airport spokesman Pat Hogan said.

Passenger Pat Snelson, who lives in a Twin Cities suburb, said he and his wife were not among those who reported suspicious behavior. But he said his wife noticed the men praying, and he saw them moving around the cabin while others were boarding.

"These guys were up to no good," Snelson said. "We think the airport people did a real good job in taking care of it."

Bomb-sniffing dogs examined the men and their baggage. FBI agents and other federal law enforcement officers questioned the men for several hours before releasing them.

Billie Vincent, a former director of security for the Federal Aviation Administration, said he is troubled by the mere attempt to identify the passengers who raised concerns.

Airline passengers "are your eyes and your ears," said Vincent, who now owns an aviation security company. "If attorneys can get those names and sue them, you put a chilling effect on the whole system."

Federal Rules of Civil Procedure

III. PLEADINGS AND MOTIONS > Rule 11.

Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature.
Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party.

(b) Representations to Court.
By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions.
If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.

(d) Inapplicability to Discovery.
Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.

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