This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Despite being legally blind, attorney Ronald Gardner was independent and flew thousands of miles a year on Delta flights without a traveling companion. But a frightening encounter with a federal air marshal on a Washington, D.C.-Salt Lake City flight has left him fearful and unable to work, the Utahn says.
Gardner claims in a federal lawsuit filed earlier this month that the air marshal assaulted him by pushing at his seat from behind, blocking him from leaving the plane after it landed, and continuing to harass him verbally as he walked through the airport. Throughout the flight and its aftermath, he alleges, Delta employees failed to protect him from the abuse.
And since that experience, Gardner has suffered post-traumatic stress disorder, anxiety, depression, panic attacks, vivid nightmares and a fear of public places — which, in turn, led to a loss of independence and employment, the lawsuit alleges.
Gardner also has suffered anxiety-related loss of the little remaining vision he has, according to his lawyers, Charles Dahlquist II and James Burton. Their client was once "fiercely independent," they write in the suit, but now does not feel comfortable in public places without a sighted companion.
The suit, filed Oct. 14 in U.S. District Court in Salt Lake City, names the Transportation Security Administration (TSA) and Delta Air Lines as defendants and seeks an unspecified amount of money. It accuses TSA and Delta of negligence, intentional infliction of emotional distress, negligent infliction of emotional distress and false imprisonment.
In addition, the suit accuses TSA of assault and Delta of breach of duty of common carrier to a disabled person and violation of the Air Carrier Access Act.
The names of the air marshal and members of the Delta employees, who are not defendants, are not included in the suit.
Russell Cason, a Delta spokesman, said the airline does not comment on pending litigation. Michael Pascarella, a spokesman for the Federal Air Marshal Service, said his agency could not comment for the same reason.
Gardner, who has been legally blind since birth (he can distinquish between light and dark, according to his attorney), could not be reached for comment; he and his wife are serving a mission in the Dominican Republic for The Church of Jesus Christ of Latter-day Saints. He is a 1978 graduate of Brigham Young University's law school, practiced law for years and served as director of field services for the National Federation of the Blind.
Gardner, a Bountiful resident, boarded a flight on Jan. 20, 2011, in Washington, D.C., to return home. He walks with a white cane but is a seasoned air traveler who has logged more than 1 million miles on Delta flights and is a member of the airline's Diamond Medallion frequent flier club, which requires flying 125,000 miles each year, his suit says.
After the flight took off, Gardner tried to recline his seat in the first-class cabin but it was immediately jolted forward by the passenger sitting behind him, the suit says. He tried twice more to recline and both times the man behind him allegedly pushed the seat forward.
Trying to avoid a confrontation, Gardner told the head flight attendant he was being assaulted and returned to his seat, the suit says. The passenger then allegedly began to verbally abuse him.
Gardner subsequently was told by the flight attendant that the passenger was a federal air marshal, information that caused him "tremendous fear," according to the lawsuit.
"Mr. Gardner understood that the federal air marshals carry guns and, presumably, have access to flight manifests with passenger specific information," the suit says. "Mr. Gardner was fearful that the federal air marshal would be able to cause significant harm to him on the flight, and that he could also find his home and his family and continue to harass him and them after the flight landed."
Near the end of the flight, the lead flight attendant allegedly said he would accompany Gardner to the airport exit and instructed him to wait in his seat until the other first-class cabin passengers deplaned.
However, the flight attendant did not return and after a long wait, Gardner tried to exit the aircraft by himself.
When Gardner stood up, the air marshal, who was still behind him, also stood up and blocked the aisle, the suit says. It claims the flight attendant, who was in the area next to the cockpit, said the marshal "has as much right to get off the plane when he wants as anyone else."
Gardner alleges in the suit that he tried to discuss his concerns with the captain of the flight but the air marshal continually interrupted him and the captain merely said, "Ah, you'll be okay."
Gardner managed to get off the plane when an airport employee arrived to escort him out of the airport but the air marshal followed him until he reached an exit, the suit says.
Gardner filed suit after his claim for $2.6 million — much of it for lost salary — was rejected by the federal government, Dahlquist said.
Twitter: @PamelaMansonSLC