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Center for Social Justice - Recent Developments

ACLU, Seton Hall Law School File Suit to Challenge Termination of Renowned
Arab-American Security Expert

Seton Hall Law School Center for Social Justice and the American Civil Liberties Union (ACLU) of New Jersey filed an employment discrimination lawsuit on behalf of Dr. Wagih H. Makky, a world-renowned aviation security expert and engineer suspended from the Transportation Security Administration on account of his Arab and Muslim heritage.

Following the bombing of the Pan Am airliner over Lockerbie, Scotland, Dr. Makky was specifically tapped by the United States government to help create the program within the Federal Aviation Administration responsible for developing machines to detect and prevent explosives from being brought aboard various modes of transportation, particularly commercial airplanes and passenger trains. He is of undisputed expertise and renowned in this area.

The reasons for his termination have never been revealed to Dr. Makky. Instead, a classified FBI file that was kept in the private safe of his supervisor and that supposedly formed the basis for his determination has been withheld from Dr. Makky during administrative proceedings initiated by his lawyers to uncover it.

Born in Egypt, Dr. Makky came to this country nearly 30 years ago. He received his Ph.D., became an American citizen, and held several prestigious research positions before beginning his career in government.

The lawsuit, filed in federal court in Newark, raises employment discrimination and civil service protection claims for back wages, as well as Freedom of Information Act claims in order to allow Dr. Makky to see the classified file supposedly containing the reasons for his termination that have been withheld from him.

In addition to Professor Azmy, attorneys on the case from Seton Hall Center for Social Justice include Scott Michelman, and Third Year Student Karin Kraft.  Also,  Edward Barocas and Arthur B. Spitzer of the ACLU.

To view a copy of the Complaint, click below.

Makky Complaint

 


Professor Baher Azmy
Civil Litigation Clinic

Scott Michelman
Clinical Teaching Fellow
Civil Litigation Clinic

 
 
Seton Hall University School of Law One Newark Center Newark, NJ 07102 888-415-7271 lawwebmaster@shu.edu

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