A woman who was sexually assaulted on a Delta Air Lines flight last year has sued the airline and her attacker. The lawsuit was filed against the airline and Duane Brick, who was a Delta Air Lines mechanic at the time of the assault, in King County, Washington, on Thursday.
The assault took place on March 20, 2023, as the woman was traveling home to Seattle from a Taylor Swift concert in Phoenix.
The FBI investigated 27 sexual misconduct cases aboard aircraft in 2018, federal prosecutors said, but in 2022, that number had more than tripled to 90. They said 62 cases were under investigation in the first half of 2023.
Brick admitted that he took the hand of the woman seated next to him and placed it on his crotch, according to the Department of Justice. He also reached under the woman’s shirt and touched her breasts. He pleaded guilty to abusive sexual contact on March 5 and faces up to two years in prison when he is sentenced in June.
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According to the lawsuit, after the woman woke up and realized she was being assaulted, Brick went to the restroom. He was “visibly intoxicated” and left behind empty airline alcohol bottles, it said.
The victim and a witness reported the sexual assault to flight attendants, but Brick was still allowed to return to his seat next to the victim, the lawsuit said. Flight attendants moved him to a different seat about 15 minutes later.
The lawsuit alleges negligence, gross negligence, assault and battery, and seeks an unspecified amount in damages.
Newsweek has contacted Delta Air Lines for comment via a contact form on its website. Attorneys for Brick have been contacted via email.
The lawsuit claims the airline overserved alcohol to Brick, failed to adequately train employees on how to prevent and address sex assaults, and failed to monitor the cabin and protect passengers properly.
The lawsuit adds that “as a common carrier, Delta owes the highest duty of care and has a legal duty to provide airline passengers, including the Plaintiff, with a safe flight that is free from unauthorized and abusive sexual contact from other passengers, including from Delta’s own employees.”
“Everyone should feel safe to fall asleep on a plane without the risk of being groped and sexually assaulted,” Mark Lindquist, the victim’s attorney, said in a statement provided to Newsweek. “Airlines can and should do more to stop these gross violations.”
Prosecutors last year warned of a “disturbing” uptick in sexual assaults on flights.
“The Western District of Washington continues to see an alarming increase in sexual abuse cases aboard aircraft,” U.S. Attorney Tessa M. Gorman said in a statement after Brick’s conviction.
“Last August we emphasized that we have zero tolerance for such assaults. Sadly, we continue to learn of new allegations and are investigating and charging those cases.”
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