Marlon Wayans' luggage dispute case dismissed; actor says he was targeted

DENVER − A lawyer for Marlon Wayans says a Colorado judge has dismissed a case against the actor and comedian stemming from a luggage dispute with a United Airlines employee at Denver International Airport in June.

The decision was made on Friday, after the city attorney's office in Denver asked for the case to be dismissed, according to David M. Beller, Wayans' attorney. Wayans also requested the outcome in a court filing Thursday. In his filing, the "White Chicks" star said he was being unfairly prosecuted for disturbing the peace over a dispute with an airline employee whom he alleged targeted him because of his race.

“Our community does not need one more innocent Black man wrongfully accused and wrongfully convicted," Beller said. "I hope this inspires everyone to be more aware of their own implicit and explicit bias."

Wayans thanked Denver prosecutors and his supporters in a Monday Instagram post.

"Just because you wake up on the wrong side of the bed it doesn’t give you the right to be rude to customers," he wrote in the caption. "My apologies to the disappointed fans that (were) left hanging because of this incident," referencing the comedy shows he missed in Kansas City, Missouri, because of the conflict.

Need a break? Play the USA TODAY Daily Crossword Puzzle.

'The highest level of disrespect':Marlon Wayans accuses United Airlines of 'racism and classism'

Marlon Wayans tells his side of the luggage dispute story

According to Wayans' court filing, a United Airlines gate agent told him he could not get on a flight to Kansas City with three bags. The gate agent apparently tried to physically block Wayans from getting on the flight after he consolidated his luggage into two bags to conform with airline policy, the filing said. He boarded anyway and was later asked to get off the plane before it departed.

While Wayans worked to rearrange his luggage, the gate agent kept allowing white passengers with three bags to board the flight, according to the court filing, which included images taken from surveillance video of white passengers, with yellow arrows pointing to each of their bags. About 140 people boarded the flight, it said, many with three bags and oversized bags which violated the airline's policy.

"Yes, a ticket … that’s all they could give me," the comedian wrote in a June 9 post. "Dude tried to lie and say i assaulted him. The video clearly shows i never touched him. He was desperate to try to have some authority."

Wayans' lawyers said the gate agent racially discriminated against him and that Denver prosecutors, by continuing to pursue charges against him, were perpetuating that discrimination and denying his right to equal protection under the law.

"The City of Denver's position is an affront to constitutional and social equity principles," Wayans' lawyers said.

A telephone message and an email to the city attorney's office were not immediately returned. United did not immediately respond to an email seeking comment.

Marlon Wayans disputes United Airlines' claim he 'pushed past' gate agent

In a statement issued by United in June to questions about what happened to Wayans, the airline said an unnamed customer "pushed past" an employee at the jet bridge and attempted to board the plane.

According to statements recorded on police body camera and cited in the filing, the gate agent told officers that Wayans "shoved" "pushed" or "elbowed" him as the comedian boarded the plane, which Wayans' lawyers say is a lie. They say Wayans may have brushed shoulders with the agent as he boarded.

The police officers who investigated were doubtful that any crime had been committed, according to the filing, but the gate agent asked that charges be pursued.

The day after he posted about the incident, Wayans alleged in a video that United's corporate office contacted him and defended the gate agent, saying there was no more room on the aircraft.

"The corporate call I got from that was insensitive and once again unaccommodating. Customer service should ease and respect the customers not protect the employee that abused their authority," he wrote in the caption of a June 12 post. "You inconvenienced me, lost me money and most all left my fans hanging. You. Owe us all."

'Extremely traumatic':Mother who was accused of trafficking her daughter on flight files discrimination lawsuit

Contributing: KiMi Robinson and Naledi Ushe, USA TODAY