At least she wasn’t on Oceanic Flight 815

Attorney Geoffrey Fieger has filed a four-count lawsuit for negligence, false imprisonment, emotional distress and breach of contract, after his client, Ginger McGuire of Ferndale, was locked on an airplane for four hours after it landed.

The Detroit News reports:

[McGuire] flew Monday on a trip for an accounting training session that began in Detroit and ended in Philadelphia. During her travels, she was shuttled to Dulles Airport in Washington, D.C., before heading to Philadelphia, where she was left stranded on the airplane after landing.

McGuire said she was exhausted from traveling and fell asleep as soon as she took her seat on the Philadelphia-bound Trans States airplane — Trans States works in conjunction with United Airlines. She was not taking medication and did not have any alcohol to drink.

McGuire woke up at 3:50 a.m. and found herself alone on the 50-seat plane.

McGuire said she walked up and down the aisle for 15 minutes. She said she panicked and didn’t think of calling for help.

“Then the door to the airplane opened and two Philadelphia police officers were standing there with a TSA officer,” McGuire said. “They wouldn’t let me off the plane until I proved who I was. It was like, ‘Show us your ID, show us your ID.'”

Officials let her go after about 10 minutes. McGuire then checked into a local hotel.

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Malicious prosecution suit fails because prosecutor didn’t rely upon detective’s faulty report for probable cause

The 6th U.S. Circuit Court of Appeals has upheld the dismissal of a Troy man’s malicious prosecution suit against the Oakland County Prosecutor and the City of Troy, because the prosecutor

Gerald Molnar was acquitted of sexually abusing his nine year old daughter. During the investigation, Molnar’s daughter told police that Molnar had touched her in a sexual way. However, both Molnar and his girlfriend both told Troy detective Janice Pokley that the charges were brought in retaliation for Molnar threatening to go to authorities because his ex-wife, Renee, allowed her brother, a convicted sex offender, to be around their daughter. Pokley was also told by the girlfriend that she was there at all times when he was with his daughter and the incident did not happen.

Pokley included the daughter’s statement, but not Molnar’s and his girlfriend’s statement, into her report to the Oakland prosecutor.

Molnar brought Section 1983 and 1985 claims against the defendants, arguing that the city and prosecutor falsely created probable cause.

The Sixth Circuit affirmed the district court’s dismissal, stating:

Molnar argues that Officer Pokely (1) fabricated probable cause and (2) failed to disclose exculpatory information. As evidence of these claims, he points to Officer Pokely’s failure to disclose in her police report that his girlfriend corroborated his statements and that Renee’s brother
was a pedophile. However, what was excluded from Pokely’s police report is simply not material to resolving the issue of whose statements the state court relied on to establish probable cause. At the preliminary hearing, the Prosecutor called one witness, Elizabeth. Molnar, in rebuttal, called Renee, Pokely, and Allen. Even accepting Molnar’s allegation that Detective Pokely “knowingly
supplied the magistrate with false information,” Darrah, 255 F.3d at 311, the state court did not rely on her testimony to establish probable cause. Rather, it bound him over for trial based on Elizabeth’s “very believable” testimony. Thus, Molnar’s reliance on Darrah is misplaced, because the state court relied on the victim’s testimony to establish probable cause.

The unpublished opinion can be found here.