Southwest Airlines sued after passenger allegedly sexually assaulted minor

Southwest Airlines is being sued after a teenager claims the airline failed to protect him from an alleged in-flight sexual assault in 2022.

On Thursday, July 18, Greenberg Gross LLP announced in a press release sent to PEOPLE that it had filed a lawsuit against the airline on behalf of a teenager who claims a man who appeared to be 50 years old sexually assaulted him on a connecting flight from Las Vegas to Portland on July 4, 2022.

The complaint, which PEOPLE has obtained, was filed on Wednesday, July 17, in the U.S. District Court for the Central District of California.

At the time, the boy, then 16, and his family were en route to a wedding in Portland and boarded a flight from San Diego to Las Vegas, the lawsuit says. The family then found themselves among the last passengers to board their second flight in Las Vegas due to a boarding group assignment, which resulted in a flight attendant assigning the teen a “middle seat in the rear of the plane,” the lawsuit says.

Southwest Airlines declined PEOPLE’s request for comment on Friday.

According to Southwest’s website, the airline offers family boarding, allowing “up to two adults traveling with a child age six or younger” to board between Groups A and B. In addition, the airline notes that for passengers traveling with a child “ages seven to 13,” it will “make every effort to seat the child next to an accompanying passenger (age 14 or older) at no additional charge.”

According to the complaint, the boy was seated between two adult men, away from his family, with the airline citing the airline’s “boarding and seating policies.” He was then allegedly attacked by one of the men, who appeared to be “visibly intoxicated,” as the plane’s cabin lights dimmed and a passenger fell asleep by the window.

The indictment states that the man first grabbed the boy by the thighs and later tried to kiss him. He then allegedly put his hand in the boy’s groin and repeatedly touched his genitals from outside his shorts. He also tried to get the minor to touch his penis.

The lawsuit states that the man was “encouraged by the lack of any intervention or supervision by the flight crew” and then continued to sexually assault the plaintiff.

According to the complaint, the boy was unable to warn his parents, who were seated away from him during the flight. After exiting the plane, he allegedly “broke down in tears and informed his parents of the assault” before his family contacted Port of Portland Police.

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In the press release, the law firm referred to a previous sexual assault case filed on behalf of a 13-year-old girl who had flown with Southwest, saying that “nothing has changed.”

“The negligence demonstrated by Southwest Airlines in this case reflects a broader systemic failure that must be addressed to ensure the safety and well-being of all passengers, especially minors,” said Daniel S. Cha, a partner at Greenberg Gross, in a statement. “This lawsuit underscores the urgent need for airlines to adopt and enforce policies that protect passengers from sexual assault.”

In a statement released by the law firm, the plaintiff said he decided to come forward “because there are many other people who suffer from the same anxiety and fear that I feel every day.”

“I want them to know that something can be done about this,” he said. “Something needs to be done to keep children safe.”

According to the lawsuit, the plaintiff is seeking “reparations,” including “general damages in an amount to be proven at trial.”