After a passenger was forcibly removed from an overbooked United Airlines flight, many people are wondering if United could be facing a lawsuit.

Judge Andrew Napolitano thinks they likely will.

On "Fox & Friends" this morning, Napolitano said there are two things at play: United's civil obligations and the actions of the security officers.

"By dislodging this passenger against his will, United violated its contractual obligation," Napolitano said. "He bought the ticket, he passed the TSA, he was in his seat, he has every right to stay there."

As for the police response, Napolitano said they should not have violently dragged the man off the plane just because United officials asked them to.

"If the reason for their call is not a crime, they should leave," Napolitano said. "They have no right using violence to resolve a civil a dispute. ... If the passenger is politely or reasonably sitting there, waiting for the flight to take off, he's not committing a crime, he's not engaged in violence, he's not doing anything that justifies police force."

He said the man "absolutely" has a case against United if he files a lawsuit, because of the "inconvenience and public humiliation."

Napolitano added that the police could also face a lawsuit, because they used excessive force in a situation in which no force was required.


Airlines treat us all like crap and smile while they do it.

Perhaps... just perhaps... this might put an end to it.

And no amount of people wrongly taking the airline's side can change any of that.