August 20, 2025

Comedian Eric André and fellow comedian Clayton English are receiving a renewed chance to challenge what they describe as racial profiling by law enforcement at Hartsfield-Jackson Atlanta International Airport. Their lawsuit, which was initially dismissed, has been revived by the 11th U.S. Circuit Court of Appeals.
In 2022, André and English filed a lawsuit alleging that their Fourth Amendment rights were violated during what they claim were racially motivated stops at the airport. The district court previously dismissed the case in 2023, stating the plaintiffs did not "plausibly allege any constitutional violations" and that all defendants, including Clayton County and the police department's chief, were protected by immunity. However, the appeals court disagreed, stating that André and English "plausibly alleged that Clayton County subjected them to unreasonable searches and seizures."
The appeals court's decision does not address the immunity granted to the individual officers involved, focusing instead on the broader practices of Clayton County. This decision comes amidst ongoing concerns about the use of "consensual encounters," a practice where Black passengers were reportedly targeted disproportionately. Data indicates that although Black passengers constitute only 8% of the national flying public, they were stopped 54% of the time under these encounters.
Critics argue that these stops are unnecessary given that all passengers undergo thorough screening by the Transportation Security Administration (TSA) before boarding flights. The TSA's rigorous procedures are designed to intercept any illegal substances or prohibited items, questioning the utility and motives behind additional searches post-flight.
This legal battle is part of a broader scrutiny of racial profiling in various contexts across the United States, highlighting ongoing issues of racial discrimination and civil rights violations. André and English's case brings particular attention to the experiences of Black travelers, potentially influencing future law enforcement practices at airports nationwide.
As the case progresses, it will be closely watched for its implications on airport security procedures and the broader legal interpretations of racial profiling and Fourth Amendment rights. The outcome could lead to significant changes in how passengers are treated, aiming to ensure that security measures are conducted fairly and without racial bias.
For more detailed coverage, you can refer to the original reporting by NBC News on this evolving legal battle.