Civil Rights Lawsuit Claims Woman Was Wrongfully Refused Re-Entry to the U.S. by Delta Air Lines Ticket Agents

ATLANTA – The Law Firm of Gregory Bartko, LLC has filed a civil rights lawsuit on August 22, 2008 in the United States District Court—Northern District of Georgia, on behalf of a Nigerian woman recently denied permission by Delta Air Lines, Inc. to board her flight in Barbados to return to Atlanta, Georgia.

The lawsuit claims that Mkuma Carol Bartko was changing planes in Barbados on July 6, 2008 to return to the United States after spending four days in Grenada interviewing for admission to the St. Georges University Medical School.

Mrs. Bartko, who is a permanent U.S. resident alien who has lived in the U.S. since January 2003, experienced no difficulties in traveling outside of the U.S. on her Delta Air Lines flight and no difficulties traveling on other airlines during her trip to Grenada.

Upon arrival in Barbados and being cleared by Barbados Immigration officials for her return to Atlanta, Georgia, according to the lawsuit, a Delta Air Lines ticket counter supervisor took one look at Mrs. Bartko and realized she was traveling on a Nigerian passport; was traveling with her husband, a Caucasian citizen of the United States; and that Mrs. Bartko was significantly younger than her husband.

The lawsuit claims that within just a few minutes of discussions between the Delta ticket agent and Mrs. Bartko and upon realizing she had an African accent and was traveling on a Nigerian passport, the Delta ticket agent groundlessly determined that “all of your travel papers are expired.” The problem is that her travel papers were valid, it is claimed in the lawsuit.

Notwithstanding the fact that Barbados Immigration officials, the U.S. Department of Homeland Security and the U.S. Consulate in Barbados all concurred that Mrs. Bartko’s travel documentation was in order—the Delta ticket agent still refused to allow Mrs. Bartko to return to the United States. After spending an additional three days in Barbados without her husband, who had returned to Atlanta, Ga. to meet with Delta Air Lines and Mrs. Bartko’s immigration lawyers, Mrs. Bartko was finally able to travel on American Airlines back to her home.

The lawsuit claims that not only was the Delta ticket agent uncooperative, acerbic and prickly, but that she refused to even talk to Mr. Bartko and upon request, refused to provide Mrs. Bartko with any contact information for the U.S. Embassy in Barbados, remarking that “she did not have to provide any information.”

Mrs. Bartko was emotionally distressed to the point that on her arrival back to Atlanta, Ga., she had to be transported by EMS personnel to a local hospital for examination and treatment.