So Cerqueira took the case to court with Cerqueira v. American Airlines. And in January 2007 the jury sided with him, granting him $40,000 in damages. According to Cerqueira's counsel, "[w]e argued that there is no conflict between safety and civil rights because decisions based on racial profiling are irrational and cannot provide a legitimate basis for concluding that a passenger might be a security threat."
The court of appeals also said that the jurors were given "wrong instructions." According to the law, airlines are allowed to "refuse to transport anyone who 'the carrier decides is, or might be, inimical to safety.'" And many believed Cerqueira was a threat to safety, including the plane's captain, who had an uncomfortable exchange with Cerqueira before boarding the plane.
Cerqueira also was "very hostile and extremely insistent that his seat be switched to an exit row seat," said a flight attendant. After the interaction he sat down but continued to stare at the attendant, "making her extremely uncomfortable."
Because of this series of events, the captain had Cerqueira removed from the plane. And while the jury originally sided with Cerqueira, the court of appeals has "set aside" their decision and has instead sided with the airline.
