To: Senior Partner Professor Moscato
Date: February 7, 2012
Re: “Hussein” v. Western Air Lines
STATEMENT OF FACTS:
Rachida “Hussein” (“”Hussein””) is a plaintiff filing a complaint against defendant Western Air Lines for religious discrimination under the Jefferson Airline Passengers Protection Act. “”Hussein”” is a naturalized United States citizen who emigrated from Morocco in 1995 with her family. She has no criminal record and no ties whatsoever to any terrorist activity.
In November 2010, “”Hussein”” purchased a seat for Western Flight 539 on January 2, 2011 serving Port Thomas, Jefferson to Sacramento, California. “”Hussein”” states in her complaint that she can be easily distinguished as a Muslim American woman because she chooses to wear a “hijab”, a head scarf frequently warn by Muslim women. “”Hussein”” specifically purchased a seat on an aisle seat of the bulkhead row in the cabin for additional comfort.
When she arrived at the airport for her flight, “”Hussein”” was moved to a different seat, alleging that it was because she was racially profiled by the staff of Western Air Lines. “”Hussein”” states she was also ridiculed for requesting a meal with non-pork products as that is against her religious beliefs. Furthermore, “Hussein” alleges she was subjected to other harsh treatment at the hands of Western Air Line employees and was subsequently embarrassed, suffered from hypertension, and emotional distress - among other serious health problems.
The complaint filed by “Hussein” has several inaccuracies that must be discussed in relation to Rule 8 of the Federal Rules of Civil Procedure. Based on these inaccuracies, combined with the knowledge and application of Rule 12 (b)(6), we should be successful in having this case dismissed.
Will Western Air Lines have this complaint dismissed by a 12 (b) (6) motion during the pleading stages of this case?
Yes. Under Federal Statute and...