A man accused of biting a flight attendant aboard a Hawaiian Airlines flight from American Samoa to Honolulu will not go to jail.

A federal judge sentenced Aumoeualogo Togia on Thursday to three years of probation. U.S. Magistrate Judge Leslie E. Kobayashi also ordered Togia, 35, to perform 75 hours of community service.

The FBI says Togia told one of its agents that he drank two beers before boarding Flight 466 in Pago Pago on July 12, then drank multiple small bottles of alcohol during the flight. Togia told the agent he doesn’t remember what he did to get arrested and admitted to being a “bad drunk.”

He told court officials he had also been using marijuana.

The FBI says Togia threatened and assaulted crew members and flight attendants, biting one of them, and punched a restroom door, forcing the cockpit crew to go into lockdown.

A federal grand jury charged Togia with assault and interfering with the flight crew.

Togia pleaded guilty to the interference charge in September. In exchange the government agreed to drop the assault charge.

During his probation Togia will not be allowed to consume alcohol. Kobayashi said Togia has undergone substance abuse testing during his pretrial release period and has not tested positive.

Judge dismisses Campbell High lawsuit

A Circuit Court judge has dismissed the lawsuit filed by state Rep. Bob McDermott (R, Ewa Beach-Iroquois Point) to force the state to address Campbell High School’s overcrowding, hot classrooms, dilapidated restrooms and need for more extracurricular opportunities.

Judge Edwin Nacino ruled Dec. 30 against McDermott. The Attorney General, on behalf of the Department of Education, moved for the dismissal in October, saying the plaintiffs have no fundamental due process right under the state or federal Constitution to demand a certain type of school facility and services.

Attorney General Doug Chin announced the ruling Thursday.

McDermott’s lawsuit, filed in his personal capacity, sought an order from the court demanding the state appropriate $35 million to build a new classroom building, upgrade toilet facilities and install air conditioning in each classroom.

Despite the lawsuit’s dismissal, the state has begun with plans for heat abatement, but they are “woefully inadequate” because they don’t include air conditioning for each classroom, the lawsuit said.