Eric André Lawsuit Over Drug Search At Atlanta Airport Revived By Appeals Court

A national appeals tribunal decided to reverse nan dismissal of a lawsuit revenge by comedians Eric André and Clayton English successful 2022 successful which they declare their Forth Amendment authorities were violated.

André and English alleged successful their suit that Clayton County officers stopped them successful 2 abstracted incidents astatine Hartsfield-Jackson Atlanta International Airport while wrong nan pitchy span arsenic they were astir to committee flights. The Black celebrities opportunity they were told to manus complete their boarding passes and IDs, and asked if they were carrying forbidden drugs.

The brace allege nan officers violated their Fourth Amendment authorities "to beryllium free from unreasonable searches and seizures," according to nan national appellant tribunal sentiment published connected Friday. They besides claimed that nan officers stopped them based connected their race.

Their suit was yet dismissed successful 2023 by nan territory court, citing nan plaintiff's "failure to plausibly allege immoderate law violations," and each defendants, including Clayton County and nan constabulary department's chief, were protected by immunity. But nan U.S. Court of Appeals for nan Eleventh Circuit said successful its sentiment that it recovered that André and English "plausibly alleged that Clayton County subjected them to unreasonable searches and seizures" and reversed nan dismissal "after observant review."

The tribunal affirmed nan remainder of nan territory court's dismissal, which includes nan celebrities' declare that they were stopped by nan officers based connected their race.

The Clayton County Police Department did not instantly respond to a petition for comment. NBC News has reached retired to representatives for André and English for comment.

Two abstracted incidents, 1 twelvemonth apart

English was walking from Atlanta to Los Angeles for activity successful 2020 erstwhile he says Clayton County officers stopped him connected nan pitchy span aft he had cleared TSA information and a boarding walk cheque by a gross agent, according to his and André's 2022 lawsuit.

"The officers flashed their badges and asked English whether he was carrying immoderate forbidden drugs," nan suit said. "English denied carrying forbidden drugs. English 'understood that he was not free to time off and proceed his recreation while nan officers were questioning him.'"

Officers stood connected either broadside of English, blocking his way to nan plane, and asked him for his boarding walk and ID, which he handed complete because he felt he had nary prime but to comply, according to nan lawsuit. An serviceman besides asked to hunt English's carry-on, which he allowed them to do, "believing he had nary choice."

The officers fto English spell aft checking his bag, per nan lawsuit.

"Throughout nan encounter, Mr. English was worried that if he said thing nan officers perceived arsenic ‘out of line,’ he would not beryllium allowed to committee nan level aliases scope his destination," nan suit stated.

In 2021, André was walking from Charleston, South Carolina, to Atlanta earlier heading location to Los Angeles. He was stopped connected nan pitchy span while trying to committee his formation successful Atlanta. André was besides stopped connected nan pitchy span aft clearing aggregate information points, according to nan lawsuit.

Officers besides asked nan comedian if he was carrying immoderate forbidden drugs, for illustration cocaine aliases methamphetamine, which he denied, nan suit said. He was besides allegedly asked to manus complete his ID and boarding walk and complied, believing he could not refuse.

"After astir 5 minutes of opinionated successful nan constrictive pitchy span and being questioned, Mr. André was told by nan officers that he was free to time off and committee nan plane," according to nan lawsuit.

The stops were portion of nan Clayton County Police Department's "drug interdiction program," which intends to selectively extremity passengers connected nan pitchy span earlier they committee flights to inquire them if they are carrying narcotics and petition to hunt their luggage. The section claims nan stops are random and consensual.

André and English declare that nan stops are not random aliases consensual, and that nan Clayton County constabulary programme specifically targets Black passengers and different passengers of color, according to nan tribunal opinion.

There were 402 pitchy span stops from Aug. 30, 2020, to April 30, 2021, according to constabulary records, and passengers' races were listed for 378 of those stops. Of those 378 passengers, 211, aliases 56%, were Black, and group of colour accounted for 258 full stops, aliases 68%, nan celebrities' suit states, The Associated Press reported.

André called nan acquisition "dehumanizing and demoralizing."

"People were gawking astatine me, and I looked suspicious erstwhile I had done thing wrong," André said in an interview astatine nan clip of nan suit filing.

The court's decision

In its decision, nan national appeals tribunal held that nan title sufficiently alleged that nan coercive quality of nan defendants' actions during their stops of André and English made them consciousness that they were not free to leave, aliases that they were "seized" by nan officers, meaning they plausibly alleged that their Fourth Amendment authorities were violated.

English "plausibly alleged that nan officers stopped him and began asking questions without telling him he could time off until aft they vanished questioning him," nan tribunal said, adding that they came to nan aforesaid conclusion pinch André.

However, nan tribunal did not find that nan comedians were capable to plausibly allege that nan officers were acting pinch discriminatory intent erstwhile they stopped them, citing that André and English "do not allege that nan individual defendants knew of immoderate racially discriminatory title aliases saw nan County’s logs aliases that nan County directed nan individual defendants to azygous retired Black passengers for interdictions."

"For nan foregoing reasons, we reason that plaintiffs plausibly alleged that defendants violated their Fourth Amendment authorities to beryllium free from unreasonable searches and seizures," nan tribunal said. "The individual defendants are entitled to qualified immunity, but Clayton County is not. Accordingly, we reverse nan dismissal of plaintiffs’ Fourth Amendment claims against Clayton County. We affirm nan dismissal of plaintiffs’ remaining claims."