On the morning of October 16, 2003, Downing arrived at Logan on an Alaska Airlines overnight flight from the west coast. He was sporting a short beard, and had with him a brief case and a carry-on, which had been strapped to a portable luggage carrier. He was wearing casual slacks, a button-down striped shirt with a narrow collar, and his shirt was worn loose over his pants.
After deplaning in Boston, Downing left the gate area and stopped to make a phone call from a public telephone on the upper level of the terminal near the airport exit. While he was on the phone, Downing noticed that Thompson, who was wearing a Massachusetts State Police uniform, had approached him and was standing only a few feet away, close enough to overhear any conversation Downing might be having on the telephone. Downing noticed that Thompson had no reason to be in the position he was only a few feet away from Downing other than to observe or speak with Downing.
When Downing completed his phone call, Thompson demanded that Downing produce identification. Although Downing did not believe that he was free to leave without responding to Thompson’s demands, he respectfully declined to produce any identification without receiving an explanation of why he was being stopped. Thompson refused to provide any explanation, and said that if Downing was not going to produce identification he would have to leave the airport. Although suspicious that Thompson had singled him out based on considerations of race, Downing agreed to leave the airport to avoid further delay, humiliation and confrontation.
At the time that he was stopped by Thompson, Downing was in an area of the terminal which was generally accessible to the public. He was neither boarding nor attempting to board an aircraft. Thompson did not have a a reasonable suspicion that Downing had committed, was committing or was about to commit a crime and had no other lawful basis to stop or detain him or to require him to produce identification as a condition of remaining in the terminal.
Downing left the airport terminal on the upper level and attempted to locate a taxi. Moments later, Thompson followed Downing from the terminal and again demanded that Downing show him some identification, adding that if he did not produce it he would be “going downtown.” Downing specifically asked Thompson if he (Downing) was under arrest. Thompson told Downing that he was under arrest and no longer free to leave. Thompson refused to tell Downing why he was under arrest. Thompson appeared agitated and upset that Downing was not agreeing to hand over his identification documents. In Downing’s presence, Thompson used his radio to request assistance.
Other than asking him for identification, prior to detaining Downing Thompson did not ask Downing any questions about his flight plans, the reason he was at the airport, on what flight he had arrived, or any other questions designed to dispel any suspicion that Thompson may have had about Downing’s presence at the airport.
Five or more minutes later, three Massachusetts State Police troopers, including Croxton, joined Thompson in the area in front of the terminal. After speaking with Thompson separately, Croxton informed Downing that he was being asked for identification because Thompson had concluded that he had been behaving suspiciously. Croxton, however, could not describe any of Downing’s allegedly suspicious behavior, and gave Downing the impression that he had not asked Thompson. Croxton also refused to ask Thompson what it was about Downing that had aroused suspicion, stating to the effect that if his subordinate tells him he has suspicion “it is good enough for him.” During this exchange, and from the time they arrived on the scene, the two other State Police officers were positioned near Downing to make sure he could not leave.
Fearing that he really was going to be handcuffed and taken to a police lockup, and wishing to avoid further delay and harassment, Downing produced his driver’s license. Thompson took the license and brought it to a State Police cruiser, where he appeared to make a radio call. Two other troopers remained with Downing to prevent him from leaving. After some time, Downing’s driver's license was returned to him. Croxton, however, then informed Downing that he would also need to inspect his airline ticket. When Downing refused, Croxton told him that, if he did not produce his airline ticket, he would be placed on Logan Airport’s “trespass list” and his ability to return to the airport without a ticket would result in arrest. Again fearing he would in fact suffer the threatened consequences, Downing produced his airline ticket. All four police officers looked at Downing’s ticket to determine if it was a valid ticket. When Downing’s airline ticket was finally returned, Downing was permitted to leave the airport.
By stopping the plaintiff for purposes of questioning and inspection of his identification papers and plane ticket, and by informing him that he was under arrest and not free to leave, defendants Thompson and Croxton effected a seizure of the plaintiff’s person. By requiring Downing to produce identification papers and travel documents under threat of arrest or denial of access to the facilities of Logan Airport, defendants conducted a search of Downing’s effects. The actions of Thompson and Croxton, as described in this Complaint, were taken without probable cause or reasonable suspicion that Downing was engaged in any way in any unlawful activity.
foxrac for bringing up attention to me. 
Now THAT was funny!
