(ANAHEIM, 10/15/15) – On Friday October 9, 2015 the Greater Los Angeles Area chapter of the Council on American-Islamic Relations (CAIR-LA) filed a lawsuit on behalf of a 77-year-old Egyptian American man who was forcibly restrained, searched, injured, and detained by Customs and Border Protection (CBP) officers at Los Angeles International Airport on February 21, 2014.
The lawsuit, filed in conjunction with the Law Office of Shafiel Karim, alleges violations of the Fourth and Fifth Amendment of the Constitution, in addition to violations under the Federal Tort Claims Act, was filed in the United States District Court for the Central District of California on behalf of Dr. Abdul Salem, a 77-year-old Egyptian American professor and playwright. The lawsuit also alleges negligence by Los Angeles Fire Department paramedics who were called to the scene to treat Dr. Salem.
“The actions taken by Customs and Border Protection officers were unwarranted, excessive, and a serious abuse of power,” said CAIR-LA Senior Civil Rights Attorney Fatima Dadabhoy. “The manner in which Dr. Salem was treated by CBP officers was simply inhumane and is another example of the nation’s largest law enforcement agency’s pattern and practice of excessive use of force.”
A copy of the complaint is available at: Salem VS. U.S. LAFD – complaint
According to the complaint, Dr. Salem was scheduled to travel from Los Angeles to Cairo, Egypt departing on February 21, 2014. He had cleared the Transportation and Security Administration (TSA) security checkpoint, provided his boarding pass to the gate agent, and was stopped by a CBP officer in the bridge area leading to the airplane. The officer demanded to see his passport.
When he asked why he was being stopped while other passengers were permitted to board, he was provided no explanation. As he attempted to comply with the request, he was intercepted by three additional CBP officers.
The officers accused him of intending to physically strike the first officer despite the fact that he made no verbal or non-verbal indication that he intended to do so. While on the bridge, one of the male officers tightly grabbed Dr. Salem’s right arm. A second male officer tightly grabbed his left arm and a third male officer tightly gripped Dr. Salem’s neck. One of these male officers exclaimed that they had the right to search him and told Dr. Salem that he would not be boarding his flight that day.
After searching through Dr. Salem’s carry-on bags, the officers escorted him to an interrogation room inside the airport where they forced him down at a 90 degree angle over a table, banging his head against it. As they attempted to place handcuffs on him, Dr. Salem cried out in pain and asked the officers to stop. Due to his age, Dr. Salem had limited flexibility. Despite his pleas, one of the officers pulled Dr. Salem’s arm back until a loud sharp crack emanated from his arm. Dr. Salem screamed in pain, nearly fainted, and began inconsolably sobbing. Once his bones audibly cracked, one of the officers directed the other to use “long handcuffs” so that Dr. Salem’s lack of flexibility could be accommodated.
During his pleas, Dr. Salem repeatedly stated that he was a 75 year-old man and that he had done nothing illegal. He further explained that he has never been stopped or detained by law enforcement in his life. The officers ignored his pleas and continued their interrogation in an excessively abusive manner. At no point did the CBP officers explain to Dr. Salem why he was being detained, or why a custodial search and seizure was being conducted. Shortly thereafter, he was escorted to a second detention room on a subterranean floor at LAX.
There, the officers physically searched Dr. Salem’s checked luggage, which had been removed from the airplane, and informed him that he would be arrested and incarcerated if any contraband or objectionable items were found in his luggage. Like the previous search of his carry-on bags, this search also failed to uncover any contraband or objectionable items.
One of the officers then instructed another to remove the handcuffs worn by Dr Salem. At approximately 10:00 p.m., Dr. Salem’s luggage was returned to him and he was advised by the CBP officers that he was free to leave and that he had not done anything wrong.
He requested medical attention from the officers because the bones in his right arm were visibly protruding out of place under his skin. CBP then contacted the Los Angeles Fire Department (LAFD). LAFD sent three Emergency Medical Services paramedics who diagnosed his injuries as an “obvious” fractured right arm. LAFD paramedics advised the CBP officers that Dr. Salem required further medical attention.
Despite the fact that Dr Salem was in the officers’ custody and received a diagnosis from the LAFD paramedics, neither the officers nor LAFD paramedics fulfilled their legal duty by offering any medical assistance to treat his fractured arm or transport to a nearby hospital for immediate medical attention. At approximately 1:00 a.m., nearly four hours after he was originally detained, Dr. Salem was released from custody.
As a 77 year-old playwright accustomed to writing with a pen and paper, Dr. Salem’s right arm fracture has been significantly debilitating. Prior to his injuries, he shared a joie de vivre in his work and had no intention of retiring. As a result of the fracture sustained during his encounter with CBP, however, he has been unable to write and teach in the same manner as before this incident. In addition, as a frequent traveler, he is now fearful of every interaction with airport law enforcement. The CBP officers’ abusive conduct is indelibly etched in Dr. Salem’s mind and he continues to suffer emotional trauma when he invariably thinks of the incident.
CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.
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CONTACT: CAIR-LA Communications Coordinator Ojaala Ahmad, 714-776-1847 or email oahmad@cair.com.