U.S. SUPREME COURT GRANTS IMMUNITY FOR AIR CARRIERS REPORTING POTENTIAL SECURITY THREATS
February 28, 2014
The U.S. Supreme Court has determined that air carriers are immune from civil liability when reporting possible security risks to authorities, so long as the facts of any report made are found to be materially true. The Court announced its decision in the case Air Wisconsin Airlines Corp. v. Hoeper, which was initially brought by a former pilot for Air Wisconsin who sued the carrier after the carrier expressed concern to the TSA that a pilot might pose a security threat. The pilot, who had failed a flight simulator test earlier in the day, had demonstrated angry and disruptive behavior before being booked on a flight home by Air Wisconsin. After booking the pilot’s flight, concerned airline staff decided to inform the TSA that the pilot had been fired that day, was ‘mentally unstable’ and might be armed, as he was licensed to carry a firearm in the cockpit. TSA implemented security emergency security procedures to stop the flight and remove the pilot from the aircraft. It later became evident that pilot had not in fact posed a threat, and the pilot then sued Air Wisconsin for defamation.
The Supreme Court concluded that carriers are protected against civil suits when they report possible security risks to authorities on public safety grounds. The Court further determined that immunity would apply even where a carrier’s report of a potential security risk is later found to be incorrect, so long as the statements made by the carrier were materially true, as they were found to be in the subject case. In finding for the carrier, the Supreme Court acknowledged the fast-paced work environment of the air travel industry, which does not frequently allow for careful deliberation before action must be taken to protect against security risks. The court did caution that air carriers would be liable where a statement is made with knowledge that the information was false or misleading or where the carrier had reason to know the information might be false and reports it anyway.
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