UAL Captain Paid 300K for Indecent Exp Arrest
#1
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UAL Captain Paid 300K for Indecent Exp Arrest
https://www.nbcnews.com/news/us-news...C-2UycY_RjyinA
By Janelle Griffith
The city of Denver has agreed to pay $300,000 to a United Airlines pilot who was arrested on an indecent exposure charge that was later dismissed by a judge.
Andrew Collins' attorney, Craig Silverman, announced the settlement on Monday.
Collins, who served in the United States Air Force, was arrested on Sept. 20, 2018 by Denver police and accused of indecent exposure for standing naked in front of his 10th-floor hotel window overlooking the Denver International Airport terminal. Collins spent days in the Denver city jail after his arrest.
Ryan Luby, a spokesman for the City Attorney's Office, said the $300,000 payment comes from an insurance policy Denver has at the airport.
"We agreed on that figure in mediation on Friday," Luby told NBC News.
NBC News was referred by the Denver Police Department to a spokeswoman for Denver International Airport, who said the settlement was paid as part of the airport’s liability insurance because the incident took place on its property. She declined to comment further.
Silverman told NBC News Tuesday his client was unaware he could be seen when he opened the curtains of his hotel room in the late morning that September day.
Collins, of Leesburg, Virginia, was naked and about to shower when he received a phone call, according to Silverman.
"Captain Collins walked around his room and took in the view as he was absorbed in the 24-minute phone call," Silverman wrote in a notice of claim dated March 15, 2019.
After the call ended, Collins was going to shower when he was alarmed by a Denver police officer loudly banging on his door and ordering him to open it. The officer told Collins he would enter with or without permission, the notice of claim states.
Collins, now dressed in pants and no shirt, opened the door, and "was immediately confronted and rushed" by the officer, according to the notice of claim, citing police body-camera footage.
Witnesses inside the airport had told police they could see a naked man in an upper floor window of the Westin Denver International Airport.
Collins' attorney said his client was unable to see anyone observing him from the airport terminal, which is more than 100 yards away.
Under Colorado law, a person commits indecent exposure if they knowingly exposes their genitals to the view of any person, under circumstances in which such conduct was likely to cause affront or alarm to the other person, with the intent to arouse or satisfy the sexual desire of any person, the notice of claim states. While there was nudity in this case, it was not sexual, Silverman said.
"Captain Collins thought he was alone and not in anyone’s view," the notice of claim states. "It is not a crime to be naked in Denver. It is certainly not a crime to be naked in one’s hotel room."
Collins pleaded not guilty and a judge dismissed the misdemeanor charge in March. But he was suspended for six months from United Airlines as a result of the incident.
"Though the city of Denver may deny liability, it has now paid a price for what happened on Sept. 20, 2018," his attorney said in a statement.
By Janelle Griffith
The city of Denver has agreed to pay $300,000 to a United Airlines pilot who was arrested on an indecent exposure charge that was later dismissed by a judge.
Andrew Collins' attorney, Craig Silverman, announced the settlement on Monday.
Collins, who served in the United States Air Force, was arrested on Sept. 20, 2018 by Denver police and accused of indecent exposure for standing naked in front of his 10th-floor hotel window overlooking the Denver International Airport terminal. Collins spent days in the Denver city jail after his arrest.
Ryan Luby, a spokesman for the City Attorney's Office, said the $300,000 payment comes from an insurance policy Denver has at the airport.
"We agreed on that figure in mediation on Friday," Luby told NBC News.
NBC News was referred by the Denver Police Department to a spokeswoman for Denver International Airport, who said the settlement was paid as part of the airport’s liability insurance because the incident took place on its property. She declined to comment further.
Silverman told NBC News Tuesday his client was unaware he could be seen when he opened the curtains of his hotel room in the late morning that September day.
Collins, of Leesburg, Virginia, was naked and about to shower when he received a phone call, according to Silverman.
"Captain Collins walked around his room and took in the view as he was absorbed in the 24-minute phone call," Silverman wrote in a notice of claim dated March 15, 2019.
After the call ended, Collins was going to shower when he was alarmed by a Denver police officer loudly banging on his door and ordering him to open it. The officer told Collins he would enter with or without permission, the notice of claim states.
Collins, now dressed in pants and no shirt, opened the door, and "was immediately confronted and rushed" by the officer, according to the notice of claim, citing police body-camera footage.
Witnesses inside the airport had told police they could see a naked man in an upper floor window of the Westin Denver International Airport.
Collins' attorney said his client was unable to see anyone observing him from the airport terminal, which is more than 100 yards away.
Under Colorado law, a person commits indecent exposure if they knowingly exposes their genitals to the view of any person, under circumstances in which such conduct was likely to cause affront or alarm to the other person, with the intent to arouse or satisfy the sexual desire of any person, the notice of claim states. While there was nudity in this case, it was not sexual, Silverman said.
"Captain Collins thought he was alone and not in anyone’s view," the notice of claim states. "It is not a crime to be naked in Denver. It is certainly not a crime to be naked in one’s hotel room."
Collins pleaded not guilty and a judge dismissed the misdemeanor charge in March. But he was suspended for six months from United Airlines as a result of the incident.
"Though the city of Denver may deny liability, it has now paid a price for what happened on Sept. 20, 2018," his attorney said in a statement.
#5
UAL might be justified in suspending a guy who was under indictment for a very public crime which would cast a bad light on the employer.
Legally justified, in that they have may have sufficient basis to defend themselves against a lawsuit.
Also, an employer can still fire or discipline an employee for behavior which does not constitute a crime, or for which there is not a legal case for conviction.
They could still do the right thing and give him his back pay, but maybe that's what the 300K from the city was for?
Legally justified, in that they have may have sufficient basis to defend themselves against a lawsuit.
Also, an employer can still fire or discipline an employee for behavior which does not constitute a crime, or for which there is not a legal case for conviction.
They could still do the right thing and give him his back pay, but maybe that's what the 300K from the city was for?
#6
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UAL might be justified in suspending a guy who was under indictment for a very public crime which would cast a bad light on the employer.
Legally justified, in that they have may have sufficient basis to defend themselves against a lawsuit.
Also, an employer can still fire or discipline an employee for behavior which does not constitute a crime, or for which there is not a legal case for conviction.
They could still do the right thing and give him his back pay, but maybe that's what the 300K from the city was for?
Legally justified, in that they have may have sufficient basis to defend themselves against a lawsuit.
Also, an employer can still fire or discipline an employee for behavior which does not constitute a crime, or for which there is not a legal case for conviction.
They could still do the right thing and give him his back pay, but maybe that's what the 300K from the city was for?
#7
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Joined APC: Dec 2017
Position: Retired NJA & AA
Posts: 1,907
Years ago NetJets had a Captain accused of sex crimes against a 16yr old babysitter he and his wife had hired. NJA put him on admin duty for almost 2 years until the case went to trial.
The allegations were totally bogus, the jury wasn't allowed to hear that the girl was a prostitute with a website advertising her services. The Captain had a prominent deformity on his genitals and his defense lawyer did a "gotcha" when the girl could not describe it when she could not have missed it had he done the things she claimed. He had to have pictures taken of that and put into evidence, very humiliating. And of course he used a top notch lawyer that cost him $200K. But he was cleared of all charges and went back to work. I'm impressed that NJA kept him on the payroll.
I think at a unionized airline they'd have to do something similar or reinstate and make the pilot whole once cleared. I don't see how an arbitrator could find otherwise.
The allegations were totally bogus, the jury wasn't allowed to hear that the girl was a prostitute with a website advertising her services. The Captain had a prominent deformity on his genitals and his defense lawyer did a "gotcha" when the girl could not describe it when she could not have missed it had he done the things she claimed. He had to have pictures taken of that and put into evidence, very humiliating. And of course he used a top notch lawyer that cost him $200K. But he was cleared of all charges and went back to work. I'm impressed that NJA kept him on the payroll.
I think at a unionized airline they'd have to do something similar or reinstate and make the pilot whole once cleared. I don't see how an arbitrator could find otherwise.
#8
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Joined APC: Sep 2017
Posts: 617
Years ago NetJets had a Captain accused of sex crimes against a 16yr old babysitter he and his wife had hired. NJA put him on admin duty for almost 2 years until the case went to trial.
The allegations were totally bogus, the jury wasn't allowed to hear that the girl was a prostitute with a website advertising her services. The Captain had a prominent deformity on his genitals and his defense lawyer did a "gotcha" when the girl could not describe it when she could not have missed it had he done the things she claimed. He had to have pictures taken of that and put into evidence, very humiliating. And of course he used a top notch lawyer that cost him $200K. But he was cleared of all charges and went back to work. I'm impressed that NJA kept him on the payroll.
I think at a unionized airline they'd have to do something similar or reinstate and make the pilot whole once cleared. I don't see how an arbitrator could find otherwise.
The allegations were totally bogus, the jury wasn't allowed to hear that the girl was a prostitute with a website advertising her services. The Captain had a prominent deformity on his genitals and his defense lawyer did a "gotcha" when the girl could not describe it when she could not have missed it had he done the things she claimed. He had to have pictures taken of that and put into evidence, very humiliating. And of course he used a top notch lawyer that cost him $200K. But he was cleared of all charges and went back to work. I'm impressed that NJA kept him on the payroll.
I think at a unionized airline they'd have to do something similar or reinstate and make the pilot whole once cleared. I don't see how an arbitrator could find otherwise.
I agree with what you claim about what an arbitrator would be practically forced to do. That’s why we have a court system to begin with and a big reason why we fought a bloody long drawn out war almost 250 years ago for.
Sorry but it should be illegal to be terminated from work until CONVICTED of a crime, not accused, especially in this messed up “me too” era
#9
God that’s awful. I sure as heck hope they criminally charged that woman for falsely accusing him and sent her away for a good period of time.
I agree with what you claim about what an arbitrator would be practically forced to do. That’s why we have a court system to begin with and a big reason why we fought a bloody long drawn out war almost 250 years ago for.
Sorry but it should be illegal to be terminated from work until CONVICTED of a crime, not accused, especially in this messed up “me too” era
I agree with what you claim about what an arbitrator would be practically forced to do. That’s why we have a court system to begin with and a big reason why we fought a bloody long drawn out war almost 250 years ago for.
Sorry but it should be illegal to be terminated from work until CONVICTED of a crime, not accused, especially in this messed up “me too” era
#10
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Joined APC: Sep 2017
Posts: 617
Paid admin leave would be the smart choice if i were mgmt in that situation. It would allow me to appease the public (in high profile) as well as protect the rights of the accused until the court adjudicated the case.
Not to mention that would be much less costly than getting ones butt kicked after the fact in arbitration.
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