Delta Sued for $2.35 Million After Staff Mistakenly Flagged Father for Human Trafficking

An Arkansas woman sued Delta Air Lines and its subsidiary Endeavor Air for $2.35 million after her father was falsely accused of trafficking her during a flight in 2019. 

The plaintiff, Madison Cupp, claims in the complaint that this accusation resulted in severe emotional trauma, reputational damage, and long-lasting psychological effects for both her and her father.

Mistaken for Child Trafficking?

The incident took place during a flight from Atlanta to Newport News, Virginia, in December 2019. Cupp, who was 13 years old at the time, was traveling with her parents and maternal grandparents.

The plane hit turbulence, and Cupp began crying. According to the lawsuit, “Cupp, then thirteen years old, was scared by the turbulence and began crying. Her father, Nicholas Cupp, was sitting beside her and comforted her.” The lawsuit added that the “Plaintiff was not harmed or abused in any way by his actions.”

The flight attendant then accused the father, Nicholas Cupp, of touching his daughter “inappropriately” and reported what happened to Delta’s station manager in Newport News. The complaint alleges that the flight attendant “recklessly concluded” that the father was “human trafficking his own daughter.”

Upon arrival, law enforcement officers were already waiting for them at the airport. The father and daughter were then separated and questioned before it was established that “there was no probable cause to charge or arrest Nicholas Cupp,” according to the lawsuit.

Authorities read Nicholas’ Miranda rights, while the family alleged that the questioning occurred in a public area of the airport.

Severe Emotional Stress

In the end, no criminal charges were filed against the father. The family is seeking compensation for the airline’s negligence, intentional infliction of emotional distress, and false imprisonment.

The lawsuit claims that Madison experienced stomach pain, vomiting, and emotional distress after the incident. She even claims to “fear of interacting with her father in public should another false accusation be made.”

The family is seeking $2 million in compensatory damages and $350,000 in punitive damages. Nicholas previously filed a lawsuit that wound its way through the courts before Virginia’s Supreme Court ruled this spring that airlines are not immune from prosecution.