PORTLAND, Oregon — Passengers onboard an Alaska Airlines flight when an off-duty pilot tried to cut the jet's engines have filed a lawsuit against the company.
The class-action lawsuit, filed by a Washington-based law firm on behalf of three passengers, calls for the airline and its affiliate, Horizon Air, to create a more rigorous pre-flight screening for pilots and an explanation from the airline about the incident.
The lawsuit detailed the fear passengers experienced on the Oct. 22 flight when an off-duty Alaska Airlines pilot, Joseph David Emerson, 44, allegedly attempted to shut down the engines while riding in the extra seat in the cockpit. He was eventually subdued by pilots and other plane staff.
After the incident, he told police he had taken psychedelic mushrooms days before and hadn't slept in 40 hours. He also said he had been depressed for months.
There were 83 other people on board the flight heading to San Francisco from Everett, including 11 under the age of 14, according to a federal affidavit in support of the criminal complaint.
"Plaintiffs were left in the dark about what was happening. Passengers did not know what was wrong," according to the lawsuit. "Thoughts of a complete plane malfunction or terrorist activity naturally entered their minds."
Daniel Laurence, an attorney with the firm that filed the lawsuit, the Strittmatter Firm, said in the future he hopes to see every pilot who boards a plane rested and in the right state of mind.
"The airlines need a wake-up call," Laurence wrote in a statement. "We understand that most pilots are heroes every day for safely operating our airliners. But they are not immune from sleeplessness, drinking, drugs, or a mental health crisis."
The lawsuit also cited concerns of "pervasive mental illness" among pilots. Experts have said that many pilots avoid mental health care for fear of losing their jobs.
The lawsuit argues Emerson's struggles, as well as his lack of sleep and use of drugs, should have been known to the airline.
Another factor in preventing a similar incident from happening again is a full explanation from the airline about what exactly went wrong, according to the lawsuit. It 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."
Days after the incident, the other two pilots on the flight from Everett's Paine Field to San Francisco told police that before the incident Emerson had a casual conversation with them about types of aircraft. The pilot who was flying the aircraft told police there was "zero indication of anything wrong," according to the federal affidavit.
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.
Emerson was charged with 83 counts of attempted murder in the second degree and one count of endangering an aircraft in the first degree in the Circuit Court in Multnomah County. Emerson pleaded not guilty to the attempted murder charges. He also faces a federal charge of interfering with a flight crew.
His next arraignment will be in late November.