Are you sure it was a lawful order?
If the Aircraft Captain or On-Duty Police/Security with authority orders a passenger off the Aircraft under any circumstance...that is a lawful order. If the person then wishes to litigate they are at liberty to do so.
It's the same as a restaurant or bar owner able to order a customer off his/her premise...they have the right. The customer also has the right to litigate a complaint.
Neither have the right to remain where they are...that then becomes a police arresting issue.
( I don't know I am not a lawyer and have not read their 46 pg. policy).
Neither am I a lawyer nor have I read the policy....we will need to wait and see if he sues and the nature of the suit. Those hypothetical points you posted will then be explored.
There are many, many ways this situation was very badly handled to everyone's dissatisfaction.....I agree.
But, as far as the legal point is concerned, I'll be looking for that when/if the lawyers prepare the case. Generally, in similar cases, they plan based on an 'out of court' settlement and the Companies accede as they are afraid of negative publicity for their product.
This case has overblown publicity anyway and probably couldn't get any worse. If, as has been suggested, the aggrieved person then sues for US$200M I believe the Airline will go to court and play it out. I'd hate to be a CEO and explain to investors the loss of $200M and inspiring the potential, down the road, for further claims of that magnitude.