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Toure v. Air France

Air France Is Dismissed From Rights Suit by Air Traveler With Stun Gun in His Luggage

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MEMORANDUM AND ORDER INTRODUCTION Plaintiff Abdoulaye Toure brings this action against the captioned defendants under 42 U.S.C. §1983 and state law, which arose after he alerted the Société Air France attendants at J.F.K. Airport that his checked luggage contained a stun gun. Presently before the Court is defendant Air France’s motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, Air France’s motion is granted. BACKGROUND The following facts are taken as true from the Complaint. (Compl. [DE 1]). Air France is the only moving defendant and, accordingly, only those facts necessary to understand its position are included. Plaintiff Abdoulaye Toure planned to fly from New York, New York through Paris, France to Conakry, Guinea in order to attend a meeting with the Police Department of Guinea, which was looking to buy in bulk a particular style of stun gun from Toure, a security advisor. (Id.

12-13). Toure booked a November 12, 2019 flight with Air France. (Id.). When he checked in with the Air France counter, Toure advised the employee that his luggage contained a stun gun and displayed paperwork from both the United States Department of Transportation and the United States Bureau of Alcohol, Tobacco and Firearms, each of whom “indicated that such transportation was allowed and lawful.” (Id. 14). The Air France employee — “[r]ather than consult TSA regulations and/or Air France’s published policy” — alerted the Port Authority Police Department. Upon their arrival, Port Authority police officers arrested Toure. (Id.

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