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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 |
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Professor Baher Azmy
Civil Litigation Clinic

Scott Michelman
Clinical Teaching Fellow
Civil Litigation Clinic |