Lawsuits Against the Civil Air Patrol

Lawsuits Against the Civil Air Patrol

By Mike | AuxBeacon News Contributor

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According to a draft copy of the Civil Air Patrol’s Board of Governor’s meeting, held on Dec 7, 2005, in Washington, DC, there are currently four civil actions pending against the CAP:

Allen vs. Civil Air Patrol: This suit was filed on Feb 15, 2000, in the U.S. District Count in Kentucky. The suit charged defamation of character and negligence, in that the former CAP Kentucky Wing commander made improper allegations against Allen on local television news stations. In a letter from the CAP, the organization said: “The CAP announces that it has resolved a lawsuit filed by Col Denzil Allen. CAP acknowledges that Col Allen was wrongfully suspended in May 1999. Col Allen is a honored and distinguished member.”

Campbell vs. Civil Air Patrol: This suit was originally filed in the U.S. District Court in Alabama on Jan 4, 1999. The suit alleged “retaliatory termination” of Campbell from his full-time position at CAP’s national headquarters. In a jury trial in July 2002, the jury found in favor of the CAP. Campbell appealed the decision to the 11th Circuit Court of Appeals. The appeals court upheld the appeal and remanded the case back to the U.S. District Court. A new trial is scheduled for next month.

Hall vs. Civil Air Patrol: This suit was filed in August 2005, in the federal court in Texas. The complaint alleges conspiracy to interfere with civil rights, slander, libel, fraud and misrepresentation, breach of fiduciary duty, theft and conversion of personal property, interference with prospective advantage, malicious prosecution, intentional infliction of emotional distress, negligence and breach of contract. A second amended petition has been filed, and the U.S. attorney is representing involved government agencies and employees. A motion is being filed to dismiss the case against the CAP and CAP members.

Futrell vs. Civil Air Patrol: North Carolina CAP aircraft crash and death. In companion suits filed in North Carolina state courts, the named defendants are: The Civil Air Patrol, the North Carolina Wing of the Civil Air Patrol; the estates of Kennedy and Futrell; Cardinal Air, LLC; Cessna; Lycoming; Precision Airmotive Corp.; Edenton Aviation Services, and the AvFuel Corp. The suit involves the death of a non-CAP member law enforcement officer in a CAP airplane crash. The CAP had the case moved to federal court, and is currently resisting efforts by the plaintiffs to return the case to the state court.

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