Federal Appeals Court Revives Eric André Racial Profiling Lawsuit in Georgia

Comedians Eric André and Clayton English have won a partial legal victory as the 11th Circuit Court of Appeals revived their civil rights lawsuit against the Clayton County Police Department, related to alleged unconstitutional stops and searches at Hartsfield-Jackson Atlanta International Airport. The court ruled that André and English plausibly alleged violations of their Fourth Amendment rights due to unreasonable searches and seizures during separate incidents when they were interrogated and asked for consent to searches while boarding flights. However, the court dismissed their claims under the Equal Protection Clause, finding insufficient evidence of racial discrimination despite concerns over a disproportionately high number of Black passengers being stopped. The appeals court criticized the police defense that the stops were consensual, noting that travel documents were taken and the individuals were not informed they could leave. The case will return to district court for further proceedings, focusing on constitutional violations tied to the county's Airport Interdiction Unit's program. This legal development was notably influenced by a ruling authored by Judge Elizabeth L. Branch, a Trump appointee.