He broke a flight attendant’s nose mid-flight. Now he’s suing the man he claims made him violent

An American Airlines passenger who punched a flight attendant so hard that he gave her a concussion is now suing a Manhattan street vendor he insists is at least partially responsible for causing his brutal behavior.

Brian Hsu, 23, was duct-taped to his business-class seat following the unprovoked October 2021 attack, which forced AA flight 976 to divert to Denver on its way from New York City to Santa Ana, California, spurring Transportation Secretary Pete Buttigieg to float the possibility of a federal no-fly list. Bystander footage of the shocking event went viral, and American Airlines CEO Doug Parker described the incident — during which the victim flight attendant’s nose was also shattered — as “one of the worst” incidents seen to date aboard a commercial aircraft.

Hsu later pleaded guilty to a federal assault charge and was banned from ever again flying American. His lawsuit comes less than 90 days after he finished serving two years of federal probation for the American Airlines assault.

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Under questioning by police, Hsu said he had suffered a previous brain injury that left him with extensive psychological damage and a persistent “mental ‘fog,’” and that he was flying home following surgery to reconstruct portions of his skull, according to the criminal complaint filed against him at the time. Hsu’s mother also brought up the brain injury as a possible reason for her son’s actions, telling investigators that he had since become “more easily angered,” the complaint states.

Brain injuries, even slight ones, can cause all manner of lasting effects, including, in some cases, significant personality changes.

On Wednesday, the case took an unexpected turn when Hsu filed suit against the man he accuses of bashing his head against a sidewalk 13 months prior, claiming River Tarpley’s “shocking conduct” caused him “severe and permanent personal physical and psychological injuries.” Hsu’s lawsuit, which asks for unspecified punitive damages, says the September 2020 assault “required… multiple surgeries to his skull and brain,” and that he will require ongoing medical care well into the future. The circumstances of the attack and what led up to it are unclear.

The suit traces Hsu’s brain injury back to September 23, 2020, when he was walking through the Union Square area and was allegedly accosted by a peddler selling CDs, eventually identified as Tarpley. After some sort of interaction between the two, Tarpley “violently attacked… Hsu, striking him about the head and face, and slamming [him] onto the [ground], rendering him unconscious,” the lawsuit states.

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At that point, according to the suit, Tarpley continued the “vicious and unprovoked” attack by “drag[ging] [Hsu] over the asphalt street.”

Tarpley, according to the suit, was convicted in May on “charges related to the incident,” without further detail. A spokeswoman for the Manhattan DA’s office said in an email that

Attorney Michael J. Lezamiz of Sutton & Smyth LLP, who filed the lawsuit on behalf of Hsu, declined to comment on behalf of his client.

Tarpley was unable to be reached for comment on Thursday. However, his mother, Candece Tarpley, told The Independent that her son was arrested, but that he had in fact been acquitted. A spokeswoman for the Manhattan DA’s office said Tarpley was found not guilty on felony charges of 1st- and 2nd-degree assault but was convicted by a jury of 3rd-degree assault, a misdemeanor and sentenced to three years’ probation.

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Candece Tarpley said her son “went through a lot of emotional pain during this,” claiming Hsu attacked her son first during the dispute and insisting Hsu’s brain injury occurred when he fell backwards onto his head during the encounter.

As for Hsu’s in-flight assault, he pleaded guilty in April 2022 to one count of assault within the Special Aircraft Jurisdiction of the United States. A second count of interference with a flight crew was dropped as part of Hsu’s plea agreement. At sentencing, Hsu faced up to 20 years behind bars. He received 24 months’ probation and was ordered to pay $16,290 in restitution.

In a statement filed on his own behalf before sentencing, Hsu, who was attending The New School at the time of the midair attack, referenced character letters from friends and family who insisted “his behavior in this case was out of character and the result of his brain injuries.” Thanks to the brain trauma, Hsu now suffers from depression, PTSD, and social anxiety, according to the statement.

He felt “remorseful” and “embarrassed” about what he did aboard flight 976, and is “especially sensitive because he is a victim of crime himself,” it contends, referencing the alleged attack by Tarpley.

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For her part, the flight attendant, who has never been formally identified, ultimately laid out some $24,706.09 for medical expenses stemming from the assault, according to a sentencing memo prosecutors filed after Hsu’s guilty plea.

“The victim flight attendant has also provided an impact statement wherein she describes persistent and ongoing nose pain which has required frequent doctor appointments,” the memo said. “She also reports ongoing fear and trauma as a result of the attack and her injuries.”

Hsu’s probation ended in August.

Editor’s Note: This story has been updated to reflect new information from the Manhattan DA about the final outcome of Tarpley’s case

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