September 4, 2009, - 1:02 pm

Three Cheers for Judge Borman: Rules for Airline Against Litigation Jihad

By Debbie Schlussel

As I’ve noted on this site before, in the federal court for the Eastern District of Michigan (Detroit, etc.), there are only three federal judges who are reliably reasonable and fair (and who actually apply the law). And one of them is Judge Paul D. Borman.

Yesterday, Judge Borman demonstrated, yet again, why he’s such a great judge, and why it will be sad when he retires.  He is not afraid of the pressures of Muslim extremists and political correctness.


Federal Judge Paul Borman Defends Our Security in the Skies

Borman ruled in favor of American Airlines in a lawsuit by five Iraqi men who said their nationality cause the  plane’s captain to cancel their flight.  Read Judge Borman’s brilliant Order Granting Defendant’s Motion for Summary Judgment.

The flight was canceled after the men glared at crewmembers and one of them had a blanket over  his head.  A female passenger who was uncomfortable got off the flight, and the men made others nervous with their behavior.  As a result American Airlines returned the plane to the gate in San Diego and canceled the flight.

The men were on the flight, headed to Chicago, in August 2007, after training Marines in California about Iraqi culture.  No word on whether they taught the infidel Marines serving the great satan, about Muta’aeen (Shi’ite temporary marriages for the purpose of sex) and IED construction.

Most of the Iraqi plaintiffs–David Al-Watan, Ali Alzerej, Hasan Al-Zerej, Mohammed Al-Saedy, Hussein Alsalih–are Shi’ite Muslims and most likely support Hezbollah.  Plaintiff Talal Cholagh has a Chaldean (Iraqi Catholic) surname.

And, by the way, remember that two American Airlines planes–Flight 11 and Flight 77–were hijacked on 9/11 by Muslims who acted suspicious. They’re supposed to ignore this stuff?

Capt. John Plummer’s decision to return to the gate in San Diego was not “arbitrary and capricious,” a key legal standard in the case, U.S. District Judge Paul Borman said.

“The fact that the individuals who engaged in the suspicious conduct were of Middle Eastern/Iraqi descent does not support the conclusion that the decision to return to the gate was race-based rather than fact-based,” Borman wrote. . . .

Plummer described the behavior as “odd.” He returned the plane to the gate, and police interviewed the men. . . .

“The suspicious conduct at issue was not, as plaintiffs’ counsel characterized it at oral argument, ‘innocent’ or ‘completely silly,'” Borman said.

American, which is a unit of Fort Worth, Texas-based AMR Corp., was pleased with the judge’s decision.

“We felt all along that the crew acted properly and were only doing so in the interests of safety. … There was never any ill intent on their part,” spokesman Tim Smith said.

Guess which two newspapers declined to run this story?  I’ll give you a hint:  their initials are Detroit Newsistan and Detroit Free Press.

I hope this sends a message to both the plaintiffs’ lawyers and the judge hearing the six flying imams lawsuit against US Airways.  Airlines have a right to take measures to guarantee the security of their passengers.  You’d think that now, eight years after 9/11, we’d get that.

Sadly, we’ve gone backwards, but for a few brave souls . . . like Judge Borman and the crew on that flight.

Unfortunately, we’ve seen only the beginning–the tip of the iceberg–in the litigation jihad on behalf of Islamic extremists.

Next week, I’ll be telling you about the latest such battle I fought and won against them in court on behalf of a client.  Stay tuned.

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12 Responses

That ought to show these extremists that justice always prevails, and they will not get their way.

Squirrel3D on September 4, 2009 at 1:54 pm

Thank G-d for this judge. Would that we could clone him and get some here in Kalifornia!

But I fear it is only going to get worse. Here is what BHO & Co. are cooking up for the end of this month:

Islam on Capitol Hill Sept 25, 2009
Adnan will be broadcast.

The objective of this gathering is to invite the Muslim Communities and friends of Islam to express and illustrate the wonderful diversity of Islam. We intend to manifest Islam’s majestic spiritual principals as revealed by Allah to our beloved prophet Muhammad (PEACE BE UPON HIM) of Arabia. Likewise; we intend to inspire a new generation of Muslim to work for the greater good of all people. We shall serve all people, regardless of race, religion or national origin.


The Athan will be chanted on Capitol Hill, echoing off of the Lincoln Memorial, the Washington Monument and other great edifices that surround Capitol Hill

Thousands of Muslims from all races, creeds, colors and ethnicities will gather for the sole purpose of prayer

Bonds of friendship will be formed between those in attendance, both Muslims and Non-Muslims

Muslim youth will experience tours of the Library of Congress and the Supreme Court.

The peace, beauty and solidarity of Islam will shine through America’s capitol.


SLOHomemaker on September 4, 2009 at 2:22 pm

    SLOHomemaker – Do you think they will play the Star Spangled Banner before their chant? How about an Our Father after the chant?

    Jarhead on September 5, 2009 at 6:09 pm

Unfortunately we still have the USAir case (Otherwise known as the “Flying Imams” that is still in the courts.

In that case CAIR tried to sue the passengers who reported the suspicious activity, and the trial judge went along until Congress overturned her (They passed a retroactive law giving immunity to passengers n such a case).

I_AM_ME on September 4, 2009 at 2:58 pm

Looks like I will switch who I fly with to American Airlines. Good for them in doing the right thing. Common sense and 9/11 should have taught us that we need to be extra vigilant. Why not profile these groups of middle eastern people who fit the profile of a hijacker and are doing suspicious things? Most of them should be profiled anyway, political correctness be damned. I don’t want to be stuck on a flight unsure if something may happen because of some suspicious actions by some middle eastern men. If I was the Captain of that flight, as soon as I turned the plane around, I would have had the flight crew keep all eyes on these creeps. And if they continued to act suspiciously, the flight crew should have been told to bean them in the head with anything available, hog tie them and wait for the authorities. We cannot pussy-foot around with these jerks.

There should be some laws written to protect these airlines and their personnel from lawsuits brought against them from people who do not conduct themselves properly. I know this is a slippery slope, but what would you rather have? Some terrorists taking out a plane and possibly some ground structures, or some fools getting roughed up because they are acting stupidly. Don’t these idiots know that if you act like terrorists, look like terrorists and smell like terrorists, then most people assume you are terrorists? There should actually be a way to counter sue these morons so that they don’t act this way again. Put them on a list, and if they want to fly, they will be told that they will be watched, and if the slightest suspicious behavior happens again, they will be arrested (and hopefully have the sh#t kicked out of them), incarcerated, and then they will be sent home on a very slow boat. And if they are U.S. citizens, they will not be allowed to fly again.

Jarhead on September 4, 2009 at 2:58 pm

    Perhaps the airlines should make special seating for Muslims, since they think they are above conforming to standard behavior. Put in special seats that have arm, chest and leg restraints. And if they still misbehave, the seat can also give them an electrical shock along the lines of being tazed.

    Jarhead on September 5, 2009 at 11:10 am

I am not too hopefull here in Minnesotastan, the judges here make the ones in MI look tame, unless you get out of the cities area. The only way you are going to stop these probes and that is what they are,is by letting the flying public put a stop to it by confronting them. they are trying very hard to get the FAMS to give up their cover, so they know where sit. The pc/mc crowd scream bloody murder everytime. So a little hint, if you see the muzzies get uppity, get up in their face and they will back down, always intimidate them, be aggressive and be vicious if need be.

Drakken on September 5, 2009 at 1:43 pm

    Whenever I get on a plane, I always look for and profile the people who look like they could be trouble makers. And yes, if I see anyone who looks like they are of Middle Eastern descent or possibly Muslim, I make extra sure I know where they are. There is no good reason that the airlines and airports shouldn’t profile these people as well, political correctness be damned. Even though you cannot bring weapons aboard aircraft, you can still carry many things that are very effective weapons. Pens, keys, a roll of quarters, belt buckles among other everyday items can be used to disable a hijacker. And once they are disabled, you give them a good beating until they are unconscious but not quite dead, just close to death.

    Jarhead on September 5, 2009 at 2:51 pm

The muzzies I dealt with were very proud of themselve when they disrupted a flight, until I told them that them were being rendioned to a friendly muzzy country, the look on their face was absolutly pricelss, and of couse most of them pissed themselves, ahhhhh the good ole days!

Drakken on September 6, 2009 at 6:42 pm

F-ck you, Debby.

Muslim First on September 8, 2009 at 3:48 pm


To obviate any further recurrences of this type of legal jihad, I suggest that all the airlines have one specified video camera or camera phone onboard to take pictures of these individuals doing whatever it is they are doing. This would stop this type of stuff in a hurry.

Fritzi Roth on September 8, 2009 at 6:20 pm

Too bad this good? guy refused to allow a citizenship checkbox on the Nov 2012 ballot. In light of all the Obama shananagins going on with giving illegals superior status, I think this is the least we should do.

bobby on October 7, 2012 at 5:05 am

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