On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot down a drone that he believed was flying over his own property in 2015. Dismissed on jurisdictional grounds, the ruling leaves open many questions concerning aerial trespass and federal authority.
The Lawsuit. Boggs sued Merideth in federal court in Kentucky seeking a declaratory judgment and money damages after Merideth shot down Boggs’ unmanned aircraft, or “drone,” with a firearm, earning Merideth the nickname “Drone Slayer.” For his part, Merideth contended that Boggs’ drone was trespassing on Merideth’s property and Boggs was invading Merideth’s privacy by allegedly using the drone to watch Merideth’s teenage daughter.
In his lawsuit, Boggs asked the court to find that “an unmanned aircraft is an ‘aircraft’ under federal law” and that when flying in Class G airspace, an unmanned aircraft is “operating in the ‘navigable airspace’ within the exclusive jurisdiction of the United States.” According to Boggs, because he was operating in the navigable airspace, his operation did not violate Merideth’s reasonable expectation of privacy, and Merideth was not permitted to shoot Boggs’ drone out of the sky. Boggs asked the court for $1,500.00 in damages, the amount that Boggs contended his drone was damaged by Merideth.
Merideth moved to dismiss Boggs’ complaint, arguing that Boggs’ claim for a declaratory judgment did not provide the court with subject matter jurisdiction because Boggs’ complaint merely anticipated defenses Merideth could raise under federal law as opposed to asserting any rights arising under federal law. In response, Boggs argued that he was flying his drone in the “sovereign navigable airspace” and therefore “resolution of his claims in federal court” was proper. But the court disagreed with Boggs, finding that it lacked subject matter jurisdiction over Boggs’ claims against Merideth.
The Reasoning. Federal courts have only “limited jurisdiction.” Under 28 U.S.C. § 1331, the federal courts have “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” To satisfy this requirement, “a federal question must appear on the face of the complaint rather than as part of a defense, even if a federal-law defense is anticipated.” Chase Bank USA, N.A. v. City of Cleveland, 695 F.3d 548, 554 (6th Cir. 2012). “[A] case arises under federal law when federal law creates the cause of action asserted.” Gunn v. Minton, 133 S. Ct. 1059, 1064 (2013) (citing Am. Well Works Co. v. Layne & Bowler Co., 241 U.S. 257, 260 (1916)). The Supreme Court has also “identified a ‘special and small category’ of cases in which arising under jurisdiction still lies,”...
