April 13, 20179 yr I agree with you. But, in the end I think United will pay a settlement if some sort. United called in their Government Enforcers, of course United is on the hook in any civil action. As to the Security Force, if they didn't follow every policy to a T then they definitely want to hire the finest criminal defense lawyers money can buy.
April 13, 20179 yr Then why are they are a proxy for the airline? Now you and I are getting on the same page. What is the law? Was a law broken? If a law was broken who has the legal authority to enforce that law? What steps can be taken to enforce that law? Is physical force allowable under that law for a non-violent offender? And on and on and on...
April 13, 20179 yr Now you and I are getting on the same page. What is the law? Was a law broken? If a law was broken who has the legal authority to enforce that law? What steps can be taken to enforce that law? Is physical force allowable under that law for a non-violent offender? And on and on and on... I'm assuming here so...I would think the only law that may have been broken was once he was asked to leave and refused, he is trespassing. Law enforcement would enforce the law. Do the Aviation Police fall into that category? Not sure but it seems that way. As far as steps that can be taken and is physical force allowable you tell us. If I'm trespassing what exactly can the police do to remove me from the property?
April 13, 20179 yr I'm assuming here so...I would think the only law that may have been broken was once he was asked to leave and refused, he is trespassing. Law enforcement would enforce the law. Do the Aviation Police fall into that category? Not sure but it seems that way. As far as steps that can be taken and is physical force allowable you tell us. If I'm trespassing what exactly can the police do to remove me from the property? Again, trespassing is criminal, contracts are civil. I am going to be paying close attention to the legal precedents in this case because it could be a turning point for humanity. If he was breaking a law the proper course of action would be for a uniformed Police Officer of proper jurisdiction to arrest him on the spot in the plane and then either escort or carry him out of the plane.
April 13, 20179 yr Again, trespassing is criminal, contracts are civil. I am going to be paying close attention to the legal precedents in this case because it could be a turning point for humanity. If he was breaking a law the proper course of action would be for a uniformed Police Officer of proper jurisdiction to arrest him on the spot in the plane and then either escort or carry him out of the plane. Do you agree that if United has the right legally to ask a passenger to get off the plane, the passenger is trespassing if they refuse? If a uniformed officer would have done exactly what happened here are you saying you are cool with it? Is your big hang up the fact that you aren't sure if the Aviation Police are really police? What force are police allowed to use to remove a trespasser?
April 13, 20179 yr Do you agree that if United has the right legally to ask a passenger to get off the plane, the passenger is trespassing if they refuse? If a uniformed officer would have done exactly what happened here are you saying you are cool with it? Is your big hang up the fact that you aren't sure if the Aviation Police are really police? What force are police allowed to use to remove a trespasser? In short No. No civil contract that I am aware of has criminal penalties. This would be a breach of contract and ultimately for a court of proper jurisdiction to rule on. In other words, the proper action when a contract is violated is for the damaged party to file suit against the party that breached the contract.
April 13, 20179 yr Do you agree that if United has the right legally to ask a passenger to get off the plane, the passenger is trespassing if they refuse? If a uniformed officer would have done exactly what happened here are you saying you are cool with it? Is your big hang up the fact that you aren't sure if the Aviation Police are really police? What force are police allowed to use to remove a trespasser? In short, No. If what the passenger did is in fact a violation of law and the passenger refused to quit violating the law then Uniformed Police Officers of proper jurisdiction should have cleared out a few rows on either side of the victim and flanked him from three sides while using their combined leverage to move him to the floor of the aircraft with the minimum amount of force possible. Then they should have cuffed him and either escorted him or carried him out of the plane for processing.
April 13, 20179 yr Exactly the point I've been trying to make. If the man's refusal to leave resulted in him committing criminal trespass he should have first been placed under arrest and then removed from the plane and taken to jail for booking.
April 13, 20179 yr Exactly the point I've been trying to make. If the man's refusal to leave resulted in him committing criminal trespass he should have first been placed under arrest and then removed from the plane and taken to jail for booking.What I'm not clear on is if the Aviation Police have arrest powers. If they do, his condition after trying to get him off may be the reason he wasn't arrested.
April 13, 20179 yr What I'm not clear on is if the Aviation Police have arrest powers. If they do, his condition after trying to get him off may be the reason he wasn't arrested. That will never hold water in a court of law. He needed to be restrained and arrested on the spot in the plane. They blew it.
April 13, 20179 yr That will never hold water in a court of law. He needed to be restrained and arrested on the spot in the plane. They blew it. Who said it would. I actually agree that once law enforcement asks you to leave and you don't it's arrest time. I think those 3 guys could have gotten him off the plane with out the damage they did. My point was once he was bleeding and beat up, he needed medical attention.
April 13, 20179 yr Who said it would. I actually agree that once law enforcement asks you to leave and you don't it's arrest time. I think those 3 guys could have gotten him off the plane with out the damage they did. My point was once he was bleeding and beat up, he needed medical attention. I understand but if the force used against him was to enforce a law then he should have received medical treatment and either issued a citation for a later court appearance or be charged through/by the appropriate Federal Agency. The fact he wasn't charged is a HUGE HUGE red flag and in my experience is just short of prima facie evidence that the authorities involved knew they made a mistake and they tried to mitigate that mistake by not making an arrest.
April 13, 20179 yr I love United and will fly with them when given the chance. Since everyone will be boycotting I won't have to worry about overcrowding or high ticket prices.
April 13, 20179 yr Author I agree with you. But, in the end I think United will pay a settlement if some sort. A settlement of the big sort
April 14, 20179 yr A settlement of the big sort They shouldn't have to pay a dime and if they do then the fine print should never even exist. If anyone should pay it's the Dr that had to be removed for obstructing the rules.
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