Narrative:

Location: mid way through flight from mia-lga. Exactly 2 weeks ago to the day, and the exact same flight from mia-lga, I was captain of this full flight that included a prisoner and 2 armed escorts. 2 weeks ago, I asked the gate agents if the escorts were fully briefed on the procedures to be followed during the flight and they said absolutely. I took the time to brief my flight attendants since a couple of them were new and to reassure them that all would be ok. The escorts on flight two weeks ago uncuffed the prisoner and let him move around and eat and drink. Upon learning of this, I promptly had my flight attendants tell the escorts to recuff the prisoner and to be seated. I turned in a company report on this incident. Yesterday, this flight mia- lga, I not only asked the agents if the escorts were fully briefed, but I took time out of the very busy preflight rush to personally go back, meet the 2 officers, and ask them if there were any questions about the fact that the prisoner was to remain cuffed at all times, not be fed, was not to go to the lavatory, etc. I took flight manual part 1 with me to make sure I did not miss anything and that there would be no misunderstanding of the rules -- period. While the 2 coach flight attendants were about 1/3 of the way through the service and they were working front to back, the escorts not only uncuffed him, but allowed the prisoner to move about the cabin and use the lavatory, etc. I immediately had my flight attendants tell them to recuff him and be seated for the duration of the flight. Later on, my #4 flight attendant said they were all seated but he was still not cuffed nor chained around the waist. My flight attendants in both cases became very alarmed because I told them before departure exactly what the rules were and what to expect. Callback conversation with reporter revealed the following information: reporter stated that since he had briefed the flight attendants as well as the law enforcement officers prior to flight that the prisoner needed to be seated for the entire flight, handcuffed and served no food, that all would go without incident. However, when the flight attendants reported that the prisoner was up, moving about by himself unrestrained, they became very frightened. In addition, the prisoner made lewd remarks and patted one attendant on the buttocks. He was advised that as PIC he had the authority/authorized to impose the company procedures and rules for the escorted prisoner as they were FAA approved per section 108.21 of the FARS. He stated that he had heard back from the company regarding his first incident report which concurred with his actions, but nothing regarding assuring that this would not happen again.

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Original NASA ASRS Text

Title: CAPT OF AN MD SUPER 80 RPTS DIFFICULTIES IN GETTING THE LAW ENFORCEMENT OFFICERS ESCORTING A PRISONER IN COMPLYING WITH HIS COMPANY'S PROCS IN THE RESTRAINT AND SURVEILLANCE OF THEIR PRISONER. IT WAS THE SECOND OCCURRENCE WITHIN 2 WKS.

Narrative: LOCATION: MID WAY THROUGH FLT FROM MIA-LGA. EXACTLY 2 WKS AGO TO THE DAY, AND THE EXACT SAME FLT FROM MIA-LGA, I WAS CAPT OF THIS FULL FLT THAT INCLUDED A PRISONER AND 2 ARMED ESCORTS. 2 WKS AGO, I ASKED THE GATE AGENTS IF THE ESCORTS WERE FULLY BRIEFED ON THE PROCS TO BE FOLLOWED DURING THE FLT AND THEY SAID ABSOLUTELY. I TOOK THE TIME TO BRIEF MY FLT ATTENDANTS SINCE A COUPLE OF THEM WERE NEW AND TO REASSURE THEM THAT ALL WOULD BE OK. THE ESCORTS ON FLT TWO WEEKS AGO UNCUFFED THE PRISONER AND LET HIM MOVE AROUND AND EAT AND DRINK. UPON LEARNING OF THIS, I PROMPTLY HAD MY FLT ATTENDANTS TELL THE ESCORTS TO RECUFF THE PRISONER AND TO BE SEATED. I TURNED IN A COMPANY REPORT ON THIS INCIDENT. YESTERDAY, THIS FLT MIA- LGA, I NOT ONLY ASKED THE AGENTS IF THE ESCORTS WERE FULLY BRIEFED, BUT I TOOK TIME OUT OF THE VERY BUSY PREFLT RUSH TO PERSONALLY GO BACK, MEET THE 2 OFFICERS, AND ASK THEM IF THERE WERE ANY QUESTIONS ABOUT THE FACT THAT THE PRISONER WAS TO REMAIN CUFFED AT ALL TIMES, NOT BE FED, WAS NOT TO GO TO THE LAVATORY, ETC. I TOOK FLT MANUAL PART 1 WITH ME TO MAKE SURE I DID NOT MISS ANYTHING AND THAT THERE WOULD BE NO MISUNDERSTANDING OF THE RULES -- PERIOD. WHILE THE 2 COACH FLT ATTENDANTS WERE ABOUT 1/3 OF THE WAY THROUGH THE SVC AND THEY WERE WORKING FRONT TO BACK, THE ESCORTS NOT ONLY UNCUFFED HIM, BUT ALLOWED THE PRISONER TO MOVE ABOUT THE CABIN AND USE THE LAVATORY, ETC. I IMMEDIATELY HAD MY FLT ATTENDANTS TELL THEM TO RECUFF HIM AND BE SEATED FOR THE DURATION OF THE FLT. LATER ON, MY #4 FLT ATTENDANT SAID THEY WERE ALL SEATED BUT HE WAS STILL NOT CUFFED NOR CHAINED AROUND THE WAIST. MY FLT ATTENDANTS IN BOTH CASES BECAME VERY ALARMED BECAUSE I TOLD THEM BEFORE DEP EXACTLY WHAT THE RULES WERE AND WHAT TO EXPECT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT SINCE HE HAD BRIEFED THE FLT ATTENDANTS AS WELL AS THE LAW ENFORCEMENT OFFICERS PRIOR TO FLT THAT THE PRISONER NEEDED TO BE SEATED FOR THE ENTIRE FLT, HANDCUFFED AND SERVED NO FOOD, THAT ALL WOULD GO WITHOUT INCIDENT. HOWEVER, WHEN THE FLT ATTENDANTS RPTED THAT THE PRISONER WAS UP, MOVING ABOUT BY HIMSELF UNRESTRAINED, THEY BECAME VERY FRIGHTENED. IN ADDITION, THE PRISONER MADE LEWD REMARKS AND PATTED ONE ATTENDANT ON THE BUTTOCKS. HE WAS ADVISED THAT AS PIC HE HAD THE AUTH TO IMPOSE THE COMPANY PROCS AND RULES FOR THE ESCORTED PRISONER AS THEY WERE FAA APPROVED PER SECTION 108.21 OF THE FARS. HE STATED THAT HE HAD HEARD BACK FROM THE COMPANY REGARDING HIS FIRST INCIDENT RPT WHICH CONCURRED WITH HIS ACTIONS, BUT NOTHING REGARDING ASSURING THAT THIS WOULD NOT HAPPEN AGAIN.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.