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RHONJ star Amber Marchese and husband James sue Virgin America for FALSE IMPRISONMENT after 'flight from hell' during which attendant falsely claimed he choked his wife

  • Amber Marchese and her husband James have filed a lawsuit against Virgin America after they were removed from a flight in April
  • Airport police escorted them off after a flight attendant reported that James was threatening and choking Amber
  • But the couple say the attendant's report was false and they heard her say she 'didn't like James' on the Real Housewives of New Jersey show  
  • They are accusing Virgin America of defamation and demanding damages after articles appeared about the 'domestic violence' incident

By Freya Berry For Dailymail.com

Published: 12:07 EST, 25 October 2016 | Updated: 12:14 EST, 25 October 2016

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Former Real Housewives of New Jersey star Amber Marchese and her husband have filed a lawsuit against Virgin America, slamming the airline for kicking them off a flight in April after a 'domestic violence' incident.

The couple, who have four children, are accusing Virgin America and a flight attendant of false imprisonment and defamation following their flight from hell.

They say that their removal was based on a lie that James, 47, was threatening and choking Amber, 39, prior to take off - when in fact, they claim, James was asleep.

The documents were filed Tuesday and have been reviewed exclusively by DailyMail.com. 

The couple are arguing that the real reason flight attendant Moriah Rosser, from Las Vegas, Nevada, reported them for 'domestic violence' to airport police was because she didn't like James, having watched him on the Real Housewives show. 

Amber Marchese and her husband James, pictured together at the premiere of Marriage Boot Camp in September, have filed a complaint against Virgin America after they were removed from a flight back in April Amber Marchese and her husband James, pictured together at the premiere of Marriage Boot Camp in September, have filed a complaint against Virgin America after they were removed from a flight back in April

Amber Marchese and her husband James, pictured together at the premiere of Marriage Boot Camp in September, have filed a complaint against Virgin America after they were removed from a flight back in April

Amber, who left the RHONJ show last year, says that far from James 'choking' her on the flight, he was actually asleep Amber, who left the RHONJ show last year, says that far from James 'choking' her on the flight, he was actually asleep

Amber, who left the RHONJ show last year, says that far from James 'choking' her on the flight, he was actually asleep

The Marcheses made a splash in season six of the RHONJ show but said last year they were leaving, declaring that the series 'doesn’t fit who we are as people, our lifestyle, and who we are as a family'. 

James heads up a mortgage company while Amber, a breast cancer survivor, was a writer for People magazine. 

The incident occurred on April 20 at LAX airport. The couple had spent three weeks filming Marriage Bootcamp when they boarded the red-eye flight from LA to Newark.

The complaint, filed Tuesday, states that they were sitting in first class when they overheard Rosser saying that she did not like James. 

'The Marcheses pretended to ignore the nasty comment,' the document says.  

It goes on to detail how they then 'engaged in some flirtatious behavior and conversation', but that 'nobody else approached them'. 

Amber ordered a glass of wine from Rosser while James fell asleep. In the meantime Rosser notified airport police that James had 'choked and threatened' Amber - which the Marcheses say was 'entirely false'.

The couple have filed a complaint against flight attendant Moriah Rosser, pictured, and Virgin America  The couple have filed a complaint against flight attendant Moriah Rosser, pictured, and Virgin America 

The couple have filed a complaint against flight attendant Moriah Rosser, pictured, and Virgin America 

The police then came onto the aircraft, removed the couple and questioned them separately. Police wanted Amber to sign a statement alleging domestic abuse, which Amber repeatedly denied had taken place. 

She was then handcuffed 'for reasons unknown and later unhand cuffed (sic) for reasons unknown'.

No medical report was created nor was medical treatment provided.

James meanwhile was taken into custody and arrested for domestic violence. Amber posted bail of $50,000, by which time he had already spent several hours in the jail cell, the documents say. 

By the time they were ready to depart from the police station the paparazzi had got wind of the situation and snapped the couple leaving, leading to a slew of articles 'showcasing James as someone that would abuse his wife'.

The Marcheses are accusing Virgin America and Rosser of defamation, negligent infliction of emotional distress, false imprisonment and malicious prosecution. They are demanding unspecified damages for the harm done to their reputation.

 

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