The family of a teenager in is suing because they say a flight attendant to record her on a September flight. for the 14-year-old girl and her parents say the airline “knew or should have known the was a danger,” according to the .

Attorneys also say that since the crew failed to take ’s phone, he was able to destroy the evidence. Because of that, the FBI told the family they weren’t able to arrest him as they didn’t find any incriminating evidence on his phone. The lawsuit against and the unidentified employee was filed on December 1 in U.S. district court in .

had this to say about the incident, :

American said the flight attendant was “withheld from service” immediately after the alleged incident and has not worked since.

“We take this matter very seriously and have been fully cooperating with law enforcement in their investigation, as safety and security are our highest priorities,” American said in a prepared statement.

, but a lot more detail has come to light in the three months since it happened in early September. The 14-year-old girl said she was waiting to in where her family was sitting. Then, the flight attendant in question told her to use the restroom in . He entered first, telling her that he needed to wash his hands, emerging a minute later to tell the girl that the seat was broken but she didn’t have to worry about it.

The girl did her business and then realized an was – for the most part – hidden behind red airline tape on the toilet seat that said “Remove from service.” Not only is this flight attendant a perverted criminal, he’s also an idiot, because the camera’s flash was on, as the AP reports and the photo shows.

The 14-year-old was “shocked and scared” according to the lawsuit, and she immediately realized that someone put the phone there to film her . That’s when she took a picture of the phone.

Now, AP reports the girl is undergoing therapy for trauma.