PORTLAND, Ore. — Passengers who were aboard a flight diverted to the Portland International Airport when off-duty Alaska Airlines pilot Joseph Emerson allegedly tried to shut down the engines midflight have filed a class action lawsuit against Alaska Airlines and its affiliate, Horizon Air.
A Washington-based law firm filed the lawsuit Thursday on behalf of three passengers: two people from San Francisco and a person from King County, Wash. The complaint alleges emotional and monetary damages.
The lawsuit lambasts the airlines for an alleged lack of rigorous screening and standards for pilots and those in the jump seat, as well as "self-serving" public statements that the complaint says tried to downplay the incident. The failure to prevent Emerson from being in the cockpit breached a duty of care to its passengers, the lawsuit claims.
Emerson had been riding in the cockpit jump seat on a flight from Everett to San Francisco when he allegedly attempted to activate the fire suppression systems in both engines, which would have caused them to shut down. When the plane was about halfway between Astoria and Portland, Emerson declared "I'm not okay," according to court documents — throwing his headset across the cockpit and attempting to pull the two red handles that would activate the fire suppression system.
The two pilots prevented him from shutting down the engines, investigators say, and he was subdued and removed from the cockpit. Emerson was then arrested after the flight landed at Portland International Airport.
Alaska Airlines said in a statement that gate agents and the flight crew did not notice any signs of impairment that would have prevented Emerson from getting on the plane. He had also passed all of his mandated FAA medical certifications. According to the Cockpit Access Security System (CASS), which determines who can sit in a jump seat, Emerson was eligible to be there as a current Alaska Airlines captain. Alaska Airlines has since relieved him of all duties.
Though Emerson told police he had taken psychedelic mushrooms for the first time several days prior, Emerson gave no indication that anything was wrong during the first half of the flight, even engaging the two on-duty pilots in casual conversation, according to a probable cause affidavit. Emerson's attorney has also stated that the pilot wasn't under the influence of any intoxicants on the plane.
Emerson also told police that during the time, "It seemed like the pilots weren't paying attention to what was going on," court documents say.
Despite Alaska Airlines' assertions, the lawsuit maintains that the airlines' "lackadaisical reliance on the presumption of flightcrew safety ... is inexplicable." If the airlines had screened Emerson more thoroughly, the lawsuit concludes, he "could not have been in position to nearly kill everyone aboard."
The lawsuit cited concerns of "pervasive mental illness" among pilots; experts have said that many pilots avoid mental health care for fear of being grounded. It argues that Emerson's "self-described weeks-long struggle with mental health," as well as his lack of sleep and use of drugs, should have been known to the airline.
To prevent similar incidents from happening again, the lawsuit asks that Alaska Airlines and Horizon be held accountable and "compel a forthright public explanation ... why they did not apply rigorous pre-flight security screening." It also asks that the airlines tighten safety and screening standards for pilots, "who have the knowledge and access to initiate a mass tragedy with their bare hands."
KGW contacted Alaska Airlines regarding the lawsuit.
"We have received the complaint and are reviewing it," the airline said in an email. "The pilots and flight attendants operating Flight 2059 responded without hesitation to ensure the safety of all onboard. We are incredibly proud and grateful for their skilled actions."
State prosecutors have charged Emerson with 83 counts of second-degree attempted murder, one for each of the other passengers and crew on the plane, and one count of endangering an aircraft. Federal prosecutors have also charged him by criminal complaint with one count of interfering with flight crew members and attendants, which can carry a sentence of up to 20 years in prison.
Emerson was arraigned last week at the Multnomah County courthouse, where he entered a plea of not guilty to all of the state charges.
His next arraignment will be in late November.