Professional Documents
Culture Documents
PageID 1
PageID 2
PARTIES
5. The Plaintiff, Hannah Cohen, is a natural person living in Chattanooga, Tennessee.
6. The Plaintiff, Shirley Cohen, is a natural person living in Chattanooga Tennessee and is
the mother and legal best friend of Hannah Cohen.
7. The Defendant, Transportation Safety Administration (TSA), is a United States
governmental entity charged with security for airline passengers. It has servants and agents at
the Memphis International Airport.
8. The Defendant, Memphis and Shelby County Airport Authority (MSCAA), is an
independent governmental authority established by the County of Shelby, Tennessee and the
City of Memphis, Tennessee, to operate the Memphis International Airport.
9. The Memphis International Airport Police Department (MIAPD) is the official police for
the Memphis International Airport and is in charge of policing the airport campus.
FACTUAL AVERMENTS
10. The Plaintiff, Hannah Cohen, is an individual who has a physical and mental impairment
that substantially limit one or more of her life activities and has a record of such impairment.
She had this physical and mental impairment on June 30, 2015 and before.
11. More particularly, the Plaintiff, Hannah Cohen, has damage from radiation and
removal of a brain tumor that substantially limits her ability to speak, walk, stand, see, hear,
care for herself, learn and work, think, concentrate, and interact with others.
12. This substantial limitation on her life activity by the radiation and removal of the brain
tumor causes her to be significantly limited in the ability the life activities listed above
compared to the manner, duration, and conditions under which individuals are able to perform
these activities. This substantial limitation is obvious upon sight and was obvious on June 30,
2015.
13. On June 30, 2015, the Plaintiff, Hannah Cohen, and the Plaintiff, Shirley Cohen, were
on the campus of the Memphis International Airport, Memphis, Tennessee, after receiving
treatment at St. Jude Childrens Research Hospital and planning to embark on an airplane home
to Chattanooga, Tennessee. Both Plaintiffs were required to proceed through a security
PageID 3
checkpoint manned by servants and agents of the Defendant, Memphis International Airport
Police Department and the Defendant, Transportation Safety Administration, to be screened for
contraband and weapons before being allowed to board their flight.
14. As the Plaintiff, Hannah Cohen, went through this screening process at the airport
campus, a warning alarm went off. This warning alarm was to warn the Airport Police and
Transportation Safety administration personnel manning the security checkpoint there was
either some kind of contraband on the party being screened or a weapon on the party being
screened. The Plaintiff, Hannah Cohen, however carried no contraband or weapon when she
went through the screening at the Memphis International Airport campus on June 30, 2015.
15. However, the Plaintiff, Hannah Cohen, became disorientated and confused by the
warning alarm and the actions of the personnel manning the security checkpoint to try to
search her person because of her disability. The security personnel failed to recognize that she
was confused because of her obvious disability and was unable to cooperate with the search.
16. The Plaintiff, Shirley Cohen, repeatedly tried to tell the personnel manning the security
checkpoint of her daughters brain tumor and disabilities. However, the personnel at the
security checkpoint refused to listen to the Plaintiff, Shirley Cohen, concerning her daughters
disability. They proceeded to assault the Plaintiff, Hannah Cohen, at the checkpoint, causing
her physical and emotional injury as well as emotional injury to Plaintiff, Shirley Cohen as she
witnessed the assault on her daughter.
17. The Plaintiff, Shirley Cohen, witnessed this assault on her daughter by the personnel at
the security checkpoint. This caused her extreme emotional injury as she watched the
personnel assault her daughter.
18. The security personnel at the checkpoint arrested the Plaintiff, Hannah Cohen, and she
was transferred to the Memphis Police Department. She was arraigned for various charges and
these charges were later dismissed in their entirety.
CAUSES OF ACTION
19. The defendants are liable to the Plaintiff, Hannah Cohen, for discriminatory acts on
June 30, 2015, at the security checkpoint where officers, servants and agents of the
PageID 4
Transportation Safety Administration and the Memphis Airport Police, discriminated against the
Plaintiff, Hannah Cohen, because of her disability. These acts of discrimination were
intentional.
20. More particularly, the Transportation Safety Administration and Memphis Airport
Police officers did not provide any reasonable accommodation for screening for the disability of
the Plaintiff, Hannah Cohen, and did not screen her providing for her disability at the
checkpoint. The Defendant, Memphis and Shelby County Airport Authority, is liable for failure
to properly supervise the personnel at the security checkpoint and provide proper regulation of
the campus of the Memphis International Airport as required by the Americans With Disabilities
Act.
21. The Defendants, Transportation Safety Administration and Memphis Airport Police are
liable to the Plaintiff, Hannah Cohen, for intentional or negligent infliction of emotional distress,
because the acts of their servants and agents of assaulting her in an airport without cause and
arresting her for no cause. These acts were either done intentionally or with reckless
indifference or negligence, entitling the Plaintiff, Hannah Cohen, to damages.
22. The Defendants, Transportation Safety Administration and Memphis Airport Police, are
liable also the Plaintiff, Shirley Cohen, for intentional or negligent infliction of emotional
distress, because the acts performed to her daughter were performed in her presence, causing
her severe emotional distress.
23. The Defendant, Memphis and Shelby County Airport Authority, is liable for the
intentional infliction and negligent infliction of emotional distress by the personnel at the
security checkpoint because of its failure to properly manage the campus of the Memphis
International Airport and the personnel at the security checkpoint.
DAMAGES
24. The Plaintiffs have suffered medical expenses, personal injury, emotional injury, pain
and suffering, and embarrassment from the actions of the Defendants, their servants and
agents.
PageID 5
25. The Plaintiffs are entitled to punitive damages because the actions of the Defendants,
their servants and agents, were done maliciously, intentionally, and with reckless disregard to
the rights of the Plaintiffs.
26. The Plaintiffs are entitled to their reasonable attorney fees and costs.
WHEREFORE, PREMISES CONSIDERED, the Plaintiffs pray for damages in a reasonable sum
not exceeding $100,000.00 (One Hundred Thousand Dollars) and costs. The Plaintiffs pray for
all other relief they are entitled to under the law and the facts.
Respectfully submitted,
/s/William Hardwick
William G. Hardwick II
Attorney at Law
4745 Poplar Avenue, Suite 201
Memphis, Tennessee 38117
#13264 901-683-3292
wgh38119@yahoo.com
/s/Kelly Pearson
Kelly Pearson
Attorney at Law
4745 Poplar Avenue, Suite 212
Memphis, Tennessee 38117
#032300 901-338-2638
kellyeasonpearson@gmail.com
Case
OJS 44 (Rev. 11/04)
PageID 6
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
Hannah Cohen and Shirley Cohen
(b) County of Residence of First Listed Plaintiff
DEFENDANTS
Transportation Security Administration, Memphis and Shelby
County Airport Authority and Memphis International Airport Police
Shelby
County of Residence of First Listed Defendant
Hamilton
U.S. Government
Plaintiff
3 Federal Question
U.S. Government
Defendant
4 Diversity
CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
V. ORIGIN
1
Original
Proceeding
DEF
1
Citizen or Subject of a
Foreign Country
Foreign Nation
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights
FORFEITURE/PENALTY
PERSONAL INJURY
362 Personal Injury Med. Malpractice
365 Personal Injury Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
BANKRUPTCY
820 Copyrights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
OTHER STATUTES
Transferred from
6 Multidistrict
another district
Removed from
Remanded from
Reinstated or
(specify)
State Court
Appellate Court
Reopened
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Appeal to District
Judge from
Magistrate
Judgment
06/28/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
PageID 7
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity.
Example:
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.