Captain John J. Cota v. United States of America, United States Coast Guard and United States Coast Guard Commandant
Published: Dec. 21, 2013 | Result Date: Dec. 2, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-00576-JSW Bench Decision – Dismissal
Facts
Captain John Cota was the pilot of the container ship Cosco Busan, which allided with the fenders of the San Francisco Oakland Bay Bridge. As a result, part of the ship's hull was ripped, and 53,000 gallons of oil spilled into the San Francisco Bay. Cota pled guilty to two criminal misdemeanor charges of oil pollution, admitting that he was at fault, but not sole fault, for the accident.
In 2007, the U.S. Coast Guard allowed Cota to choose between a suspension, or a voluntary deposit agreement where he would deposit his licenses with the Coast Guard, where his license would be returned to him upon production of a physical exam by a doctor determining that he was fit for duty in all respects. Cota chose the latter.
In 2010, Cota submitted an application to renew his Merchant Mariner Credential (MMC), Cota also presented physical exams from his doctors declaring him fit for duty in all respects. Nonetheless, the Coast Guard refused to return his licenses and the National Maritime Center declined to renew his MMC.
Cota then challenged the denial.
Contentions
PLAINTIFF'S CONTENTIONS:
Cota challenged the denial as arbitrary, capricious, or an abuse of power.
DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss, arguing that its decision had been correct. They argued that renewing Cota's license would present a safety threat, and wasn't in the best interests of the U.S.
Result
The court agreed with the defendants and granted their motion to dismiss.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390