Air Sunshine, Inc.; Mirmohammad Adili v. Stephen M. Carl

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Before Lynch, Chief Judge, Torruella and Stahl, Circuit Judges.

This is an appeal from a magistrate judge’s denial of a motion to dismiss two claims in a complaint against a federal employee on qualified immunity grounds under Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009).

The plaintiffs — Air Sunshine, an airline based in Florida and Puerto Rico, and its owner, Mirmohammad Adili (collectively, Air Sunshine) — brought suit against a group of federal defendants, including Stephen Carl, a Principal Maintenance Inspector employed by the Federal Aviation Administration (FAA), asserting Bivens claims and other causes of action. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Air Sunshine alleged that the defendants intentionally and improperly delayed various certifications and inspections, that these delays amounted to a violation of constitutional rights, and that the delays substantially destroyed Air Sunshine’s business. Air Sunshine sought $7 million in compensatory damages from the federal defendants.

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