Transcript pps
Slide 1
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 2
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 3
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 4
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 5
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 6
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 7
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 8
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 9
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 2
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 3
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 4
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 5
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 6
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 7
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 8
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9
Slide 9
Federal Aviation
Administration
Liability of Air Marshals,
Crew, and Passengers who
Subdue an Unruly
Passenger
Michael Jennison
Assistant Chief Counsel
International Law
FAA
McGill Conference on International Aviation
Liability and Insurance 18 April 2015
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
2
Overview
• Tokyo Convention protections
• US statutory protections
• Effects of Montreal Protocol
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
3
Tokyo Authorities for Air Marshals, Crew,
and Passengers
• Two categories: Air marshals are passengers
• Authorities are set out in Article 6(2)
The aircraft commander may require or authorize the assistance
of other crew members and may request or authorize, but not
require, the assistance of passengers to restrain any person
whom he is entitled to restrain. Any crew member or passenger
may also take reasonable preventive measures without such
authorization when he has reasonable grounds to believe that
such action is immediately necessary to protect the safety of the
aircraft, or of persons or property therein
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
4
Tokyo Protections
• Article 10
For actions taken in accordance with this Convention, neither
the aircraft commander, any other member of the crew, any
passenger, the owner or operator of the aircraft, nor the
person on whose behalf the flight was performed shall be held
responsible in any proceeding on account of the treatment
undergone by the person against whom the actions were taken
• This is not “immunity”
• Actions must be necessary and reasonable
• Doesn’t apply to third parties
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
5
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
6
US Statutory Protection
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts of the
individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was
about to occur. 49 U.S.C. § 44903(k)
• Actions not required to be reasonable. Applies to third parties
as well as the unruly passenger
• No case law
• There is also the Supreme Court doctrine of qualified
immunity for public officials
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
7
Effects of Montreal Protocol
• US delegation was foiled in pursuit of a specified
role and protections for air marshals
• Result was determined by regional power politics,
not defined national interests
• Protocol provides less authority and protection for
air marshals than they have as “passengers” under
Tokyo
• Protocol may go into effect (22 parties) but unlikely
ever to be widely subscribed
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
8
[email protected]
+1.202.267.0501
Liability of air marshals, crew, and passengers
18 April 2015
Federal Aviation
Administration
9