Simmons

MEMORANDUM **

This appeal involves an airline passenger who was removed from a flight with no explanation given for his removal. When the passenger filed suit alleging that his removal was racially motivated, the airline contended that he was a safety threat and that he was removed in accordance with the airline’s safety policy. We are called to decide whether the airline’s contention satisfied its burden to establish a nondiscriminatory reason for the removal. Because we find that the airline’s explanation fails on its own terms, we reverse the grant of summary judgment in favor of the airline.

FACTUAL BACKGROUND

Raymond Simmons, a black man, boarded American Airlines flight 1726 (originating out of Dallas, Ft. Worth) on August, 19, 1999. At some point after Simmons sat down in seat 29F, a female passenger sitting one row in front of Simmons apparently approached a flight attendant and complained about Simmons’ language.

The record contains several different versions of the female passenger’s specific complaint. American’s motion for summary judgment stated (without citation to any evidence in the record) that the female passenger was offended when she overheard Simmons using…