On Friday, two flight attendants employed by Atlas Air filed a lawsuit against the Jaguars and former Jaguars (now Commanders) kicker Brandon McManus. PFT obtained and reviewed a copy of the complaint.
You can also view it if you wish. here is the link.
The plaintiffs chose to proceed under the pseudonym Jane Doe. It was a point of contention in the lawsuit filed three years ago against Deshaun Watson, as Watson claimed he didn’t know who was accusing him of wrongdoing. In this case, this should not be a problem; the Jaguars and McManus should be able to discern without much effort or guesswork the names of the pursuing individuals.
The plaintiffs are both residents of Harris County, Texas. That would help explain the decision to hire Houston-based attorney Tony Buzbee.
In paragraph 9, the complaint makes this general allegation: “The NFL is no stranger to scandals, especially when it involves offenses against women. Despite a pervasive advertising campaign to the contrary, many of its players have been accused of committing heinous sexual crimes and transgressions. The NFL’s failure to properly address this undeniable culture of sexual harassment and violence against women led to preventable and shameful sexual misconduct against Plaintiffs by Defendant Brandon McManus.
“The flight quickly turned into a party as defendant McManus and a number of his teammates failed to consider the flight attendants’ personal space, air travel security, and federal law” , the complaint states in paragraph 12.
“Defendant McManus himself spent the 8-hour flight roaming the aircraft and even entered the crew galley several times,” the complaint alleges in paragraph 12. “Defendant McManus recruited three flight attendants (not the plaintiffs) for the party, casually took out $100 bills to encourage them to drink and dance inappropriately for him. Based on information and belief, the three officers. flight attendants drinking and dancing with defendant McManus no longer work for Atlas Air Worldwide Holdings.
Paragraphs 16 through 23 focus on the allegations made by Jane Doe I. In paragraph 17, the complaint alleges the following: “Defendant McManus first trapped Jane Doe I when the pilot indicated that turbulence required port seat belts for all people on board the aircraft. When Jane Doe I strapped herself into her designated booster seat, defendant McManus got up, sat next to her, and began talking to her.
Paragraph 18: “By this time, Jane Doe had already observed Defendant McManus drinking with and sexualizing the other flight crew member, and I was very uncomfortable with McManus’ presence near ‘She. Despite her obvious discomfort, Defendant McManus leaned in to kiss Jane Doe I. She quickly raised her hand to block Defendant McManus’ attempts at unwanted advances. She firmly told Defendant McManus to leave, and he actually left her alone for a short time.
Paragraph 20: “On two occasions, Defendant McManus grabbed Jane Doe I and “crushed” her. Each time, she could feel his erect penis through his clothes as he rubbed against her. Both incidents were unprovoked, unwanted and wrongful.
Paragraph 22: “As McManus rubbed against her, Jane Doe I froze and made eye contact with another Jaguars player, who looked ashamed of his teammate’s behavior. McManus finally stopped and walked away.
Paragraph 23: “Defendant McManus’ second assault on Jane Doe I occurred during the second meal service of the flight. Defendant McManus walked up behind her, grabbed her tightly around the waist, and rubbed his clothed but erect penis on her several times. Again, Jane Doe couldn’t walk away because she was standing in a small aisle and carrying a large tray.
Paragraphs 24-30 focus on the allegations made by Jane Doe II. From paragraph 24: “Defendant McManus also targeted Jane Doe II while she was busy with work tasks and unable to move away from her violative conduct. While Jane Doe II was serving the second meal course of the robbery, defendant McManus approached her from behind, grabbed her waist, and “crushed” her.
Paragraph 26: “Like Jane Doe II, she could feel Defendant McManus’ erect penis through his clothing as he rubbed against her. When Jane Doe II turned around and confronted Defendant McManus, he simply smiled and walked away. She was humiliated and embarrassed.
The complaint includes three causes of action: (1) assault and sexual assault by McManus; (2) McManus’ intentional infliction of emotional distress; (3) negligence and gross negligence on the part of the Jaguars.
The Jaguars were sued on the grounds that the team owed a duty of “due diligence” to protect the plaintiffs from player misconduct. The team is accused of negligent hiring, training and supervision of McManus, as well as a broader claim that the team failed to create and maintain proper policies and procedures for hiring , training and supervision of employees – and for failing to adopt policies and procedures to protect aircrew from sexual harassment.
The case seeks compensatory and punitive damages. The reference at the beginning of the complaint to a request for damages in excess of $1 million ultimately has no meaning, other than to satisfy the court’s minimum jurisdiction. The jury will give the plaintiffs whatever it decides to give them, if anything.
McManus’ attorney, Brett Gallaway, previously denied the allegations: “To be clear, these are absolutely fictitious and blatantly false allegations made as part of a campaign to defame and denigrate a talented and respected NFL player. . We intend to aggressively defend Brandon’s rights and integrity and clear his name by exposing what these claims really are: an extortion attempt.
McManus will eventually respond to the complaint, with a formal response or motion to dismiss. Eventually, a timeline will be put in place for the discovery process (that’s to say, depositions, requests for documents, requests for written responses and similar devices) and a possible trial. Like any matter, this could be resolved at any time.