Neil Jacobson v. Delta Airlines, Inc., a Georgia Corporation, and Hugh Burton, Individually and as Customer Service Supervisor of Delta Airlines

Plaintiff is a handicapped person. He challenges Delta Airline’s policy of requiring handicapped persons to sign a “medical release form” acknowledging that they may be removed from a flight at any point for specified reasons. In the district court he contended that the policy violated section 404(b) of the Federal Aviation Act, 49 U.S.C. § 1374 (b) (1976), section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (1982), and state tort laws. He prayed for damages, injunctive relief, and attorney’s fees. The district court granted Delta’s motion for summary judgment on the Rehabilitation Act claim, ruling that Delta was not a recipient of federal financial assistance. It submitted the Federal Aviation Act claim and the state-law claim to the jury, and the jury ruled against the plaintiff on all counts.

Plaintiff appeals only the federal claims. He argues that Delta was receiving federal financial assistance when the acts in question occurred and was therefore covered by the Rehabilitation Act. He also argues that Delta’s policy violates the Federal Aviation Act as a matter of law. We reverse on the Federal Aviation Act claim but affirm on the Rehabilitation Act…