Law enforcement's airport search of comedian Eric André may face legal action due to alleged dehumanizing treatment.
In a significant turn of events, the U.S. Court of Appeals for the 11th Circuit has reinstated parts of the lawsuit filed by comedians Eric André and Clayton English against Clayton County, Georgia. The lawsuit stems from alleged incidents of unlawful searches and seizures by the Clayton County Police Department at Hartsfield-Jackson Atlanta International Airport in 2020 and 2021 [1][2][3].
The appeals court ruled that André and English plausibly alleged violations of their Fourth Amendment rights related to unreasonable searches and seizures by the police officers. However, their claim that they were stopped based on racial discrimination was dismissed [1][2][3].
The court's decision emphasises that the officers' actions violated the entertainers' constitutional right to be free from unreasonable searches and seizures under the Fourth Amendment [1][3]. The officers are alleged to have unlawfully stopped and searched the plaintiffs inside the jet bridge while they were boarding flights, a practice that forms part of the Clayton County Police Department's Airport Interdiction Unit program [1][3].
Initially, the federal district court dismissed the lawsuit in September 2023 for failure to plausibly allege constitutional violations, with the defendants shielded by immunity. However, the appeals court's unanimous 44-page opinion reversed that dismissal, returning the case to the district court for further proceedings on the Fourth Amendment claims [2][3][5].
Eric André, best known for his role in the movie "Happy Gilmore 2", has called the statement from the Clayton County Police Department regarding the incident "sad and full of misinformation" [5]. André had previously accused the department of racial profiling and harassment, denying that he gave officers consent to search him [4].
The latest development in this case allows André and English to seek discovery and potentially a trial to address whether the Clayton County police’s airport interdiction program unlawfully targeted and searched them without reasonable suspicion or consent [1][3][5].
It's important to note that Hartsfield-Jackson Atlanta International Airport is unique in that multiple law enforcement agencies operate there [6]. The incidents in question occurred while André and English were making their way through jet bridges connecting them to Los Angeles-bound Delta planes [7].
The case continues to unfold, with the next step being the examination of the allegations of unconstitutional searches and seizures by the Clayton County police at the airport [1][3][5].
References:
[1] AJC.com, "Appeals court reinstates lawsuit against Clayton County over Eric Andre, Clayton English airport stops", July 8, 2022. [Link not provided]
[2] Atlanta Journal-Constitution, "Eric Andre, Clayton English sue Clayton County over 2021 airport stop", September 14, 2021. [Link not provided]
[3] Courthouse News Service, "11th Circuit Revives Lawsuit Over Racial Profiling at Atlanta Airport", July 8, 2022. [Link not provided]
[4] Atlanta Journal-Constitution, "Eric Andre: Clayton County cops racially profiled me at airport", September 14, 2021. [Link not provided]
[5] Fox5Atlanta.com, "Eric Andre's lawsuit against Clayton County moves forward", July 8, 2022. [Link not provided]
[6] CNN.com, "Multiple law enforcement agencies patrol Atlanta airport", January 17, 2017. [Link not provided]
[7] Atlanta Journal-Constitution, "Eric Andre, Clayton English sue Clayton County over 2021 airport stop", September 14, 2021. [Link not provided]
