Former Delta Pilot Sues Airline and Colleagues After Federal Charges Dropped
Jonathan Dunn, a former Delta Air Lines pilot and decorated Air Force Reserve lieutenant colonel, has filed a lawsuit against Delta, a group of Utah-based pilots, and the Air Line Pilots Association, alleging malicious prosecution, defamation, and breach of duty of fair representation. The lawsuit stems from an incident on a flight from Atlanta to Salt Lake City in August 2022, where Dunn, a Federal Flight Deck Officer authorized to carry a firearm, made a joke about using his service weapon during a disagreement with the captain, Robert Banish.
Dunn’s lawsuit claims that Banish, harboring a personal dislike for Dunn and his publicly known stance against Air Force COVID-19 vaccine mandates, misconstrued a dark joke as a serious threat. He alleges that Banish, encouraged by Delta supervisors and other employees, reported the incident to the FBI, leading to a federal indictment for interference with a flight crew using a dangerous weapon. The indictment carried a potential life sentence. Dunn maintains that the joke, made in response to Banish’s own jest about having control of the aircraft, was clearly understood as such in the context of their conversation.
The lawsuit details how Banish’s initial report to the FBI described the incident as a "joke," a characterization that drastically shifted by the time the case went to court. Dunn contends that Banish and Delta employees engaged in a campaign to discredit him, evidenced by text messages celebrating the legal proceedings and mocking Dunn’s predicament. The text exchanges, revealed in the lawsuit, painted a picture of a concerted effort to ensure Dunn’s professional downfall.
Dunn’s legal troubles resulted in the loss of his pilot’s license, his job at Delta, a temporary suspension of his security clearance, and substantial legal expenses. The lawsuit asserts that Delta employees actively participated in escalating the situation, influencing Banish’s testimony and showing a disregard for Dunn’s well-being. This alleged complicity extended to the mishandling of critical evidence, such as the cockpit voice recording, which was never preserved, according to the complaint.
The federal charges against Dunn were ultimately dropped after his legal team obtained a recording of Banish’s initial call to the FBI, where he acknowledged that Dunn’s comment was a joke. Prosecutors, citing “newly discovered evidence,” moved to dismiss the indictment, effectively vindicating Dunn’s claims of a misrepresentation of the events. The dismissal, however, came after significant damage to Dunn’s career and reputation.
Now, Dunn seeks to clear his name and reclaim his professional life. His lawsuit demands the correction of his Delta personnel record, which currently reflects an involuntary separation, a judgment in his favor on all charges, and both punitive and compensatory damages to address the financial and emotional toll of the ordeal. He is also seeking reimbursement for attorney fees incurred defending himself against the federal charges and pursuing this lawsuit. The case raises serious questions about workplace dynamics, the potential for malicious prosecution, and the responsibilities of airlines in ensuring fair treatment of their employees.