Posted on 11/21/2007 4:20:13 AM PST by ButThreeLeftsDo
A federal judge on Tuesday rejected most defense arguments to dismiss a lawsuit filed by six Muslim imams who were arrested last November on a U.S. Airways jet in Minneapolis after passengers reported they were acting suspiciously.
The imams have said that three of the men in their party said their evening prayers in the airport terminal before boarding the plane, then entered the aircraft individually, except for one member who is blind and needed a guide. Once on the plane, the men did not sit together.
A passenger raised concerns about the imams through a note passed to a flight attendant. Also, witnesses reported that the imams made anti-American comments about the war in Iraq and that some asked for seat belt extensions even though a flight attendant thought they didn't need them.
U.S. District Judge Ann Montgomery, in a 41-page opinion and order, said it is "dubious" that a reasonable person would conclude from those facts that the imams were about to interfere with the crew or aircraft. She said the plaintiffs had stated a plausible claim that Metropolitan Airports Commission officers violated their constitutional rights.
"We're thankful for the order and are obviously in full agreement with the judge's conclusions," said Frederick Goetz, one of the imams' attorneys. "This has always been a straightforward civil rights case. You had six individuals ... doing absolutely nothing wrong. They prayed in the airport and got arrested. That's unconstitutional, and they deserve redress."
MAC spokesman Pat Hogan said the commission's attorneys were still reviewing the judge's decision.
"We'll continue to pursue the case in court," Hogan said. "Our goal remains to protect the safety of the flying public and we'll continue to argue for our ability to do that."
U.S. Airways, also a defendant in the lawsuit, said it was studying the order.
"We continue to stand by the actions of our crew members and employees, but at this point we can't say anything definitive about next steps," said spokeswoman Andrea Rader.
Ahmed Shqeirat, Mohamed Ibrahim, Didmar Faja, Omar Shahin, Mahmoud Sulaiman and Marwan Sadeddin were arrested as they returned home from the North American Conference of Imams on Nov. 20, 2006. Ibrahim lives in California, the others in Arizona.
The judge rejected the defendants' responses to a variety of the imams' legal claims, including false arrest, invasion of privacy and intentional infliction of emotional distress.
However, she did strike a couple of claims made by the imams, slightly narrowing their case. But Goetz said his clients were happy with the ruling.
"They'll have their day in court on certainly the most significant issues," he said. "You don't arrest people because of their faith. You don't arrest people because of their national origin. That's just fundamentally wrong."
“Flyin’ Imams” ping........
On or off this ping list, FRmail me. All requests cheerfully honored.......
Oh RUBBISH.
FIRE THE JUDGE.
This judge is living in pre 9/11 days, IMHO. But it brings out the point that even had the plot of 9/11 been uncovered before it happened, and the "19" were arrested and charged with a plot, the case would have been thrown out and the ACLU would be screaming because we violated their civil rights by profiling and arresting Muslim men.
Wonderful.......taken as individual occurences, they are not alarming.
The whole picture is what the judge is either ignoring or choosing to ignore. These guys knew what they were doing it was at the very least a spiteful thing to scare those around them at worst it was a test.
I think it was both and that they are loving every minute of this.
As an A.T.P., and former corporate chief pilot.....its the Captains ship, period. he decides who rides and who walks. It is that simple.
Montgomery, Ann D.
Born 1949 in Litchfield, MN
Federal Judicial Service:
Judge, U. S. District Court, District of Minnesota
Nominated by William J. Clinton on November 27, 1995, to a seat vacated by Diana E. Murphy; Confirmed by the Senate on August 2, 1996, and received commission on August 6, 1996.
U.S. Magistrate Judge, U.S. District Court for the District of Minnesota, 1994-1996
Education:
University of Kansas, B.S., 1971
University of Minnesota Law School, J.D., 1974
Professional Career:
Law clerk, Hon. Gerard Reilly and Hon. Hubert Pair, U.S. Court of Appeals, District of Columbia Circuit, 1974-1975
Assistant U.S. attorney, District of Minnesota, 1976-1983
Judge, Hennepin County Municipal Court, Minnesota, 1983-1985
Judge, Hennepin County District Court, Minneapolis, Minnesota, 1985-1994
Race or Ethnicity: White
Gender: Female
I thought Congress passed a law that made suspicious passengers immune to this kind of threat.
Urban renewal by Montgomery's goons.
Wow, the judge has found a "right to fly" in the Constitution...what will that wacky judiciary think of next!
The passengers are off the hook. They’re going after the airlines, et al.....
What ever happened to that Congressional bill dealing with this? Did it die with the GOP majority?
Thanks for posting that, Chuck.
How obvious, given her hatred for America and the 'little people' who live ONLY to serve Hillary and Bill.
Bio on the moron.
Another Clinton wack job.
Montgomery, Ann D.
Born 1949 in Litchfield, MN
Federal Judicial Service:
Judge, U. S. District Court, District of Minnesota
Nominated by William J. Clinton on November 27, 1995, to a seat vacated by Diana E. Murphy; Confirmed by the Senate on August 2, 1996, and received commission on August 6, 1996.
U.S. Magistrate Judge, U.S. District Court for the District of Minnesota, 1994-1996
Education:
University of Kansas, B.S., 1971
University of Minnesota Law School, J.D., 1974
Professional Career:
Law clerk, Hon. Gerard Reilly and Hon. Hubert Pair, U.S. Court of Appeals, District of Columbia Circuit, 1974-1975
Assistant U.S. attorney, District of Minnesota, 1976-1983
Judge, Hennepin County Municipal Court, Minnesota, 1983-1985
Judge, Hennepin County District Court, Minneapolis, Minnesota, 1985-1994
Race or Ethnicity: White
Gender: Female
http://www.fjc.gov/servlet/tGetInfo?jid=1668
Chambers’ Information for
The Honorable Ann D. Montgomery
U.S. District Judge, District of Minnesota
Chambers Phone Number: 612-664-5090
Chambers Fax Number: 612-664-5097
Chambers Address: United States District Court
13W U.S. Courthouse
300 South Fourth Street
Minneapolis, MN 55415
Judicial Assistant:
Tammy Uber
Law Clerk: Roy Litland
Law Clerk: Lola Velazquez-Aguilu
Courtroom Deputy: Gertie Simon
Court Reporter: Tim Willette
http://www.mnd.uscourts.gov/montgomery.htm
Sometimes, you hope for Jury Duty...
Chicks on the bench... What are ya gonna do?
It was passed.
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