Murphy v. Family Christian Stores Inc
2:09-cv-00146
N.D. Ind.May 5, 2011Background
- Murphy, an ordained black minister and longtime customer, visits Family Christian Stores (FCS) Merrillville location on Oct 3, 2008 with his black godson; Nelson, a black patron, had prior issues with returns; security is alerted when Murphy and Nelson converse; store manager McNutt calls security; Hobart police issue no-trespass after escorting Murphy from the store.
- Plaintiff and security records show Murphy allegedly could not complete a purchase, while Defendants contest that he was not prevented from purchasing; no direct, undisputed evidence of discrimination is presented.
- The parties move for summary judgment; the court applies McDonnell Douglas-type burden-shifting to §1981/§1982 claims and addresses IIED claim; Security Defendants’ summary judgment posture is noted as unresolved.
- Court determines there is a genuine dispute on whether Murphy’s treatment differed from white patrons and whether a contract to purchase was impeded, so §1981/§1982 claims survive; IIED claim is dismissed.
- Court grants partial summary judgment: IIED claim dismissed; §1981/§1982 claims remain pending and require further factual development.
- Order entered May 5, 2011, with final disposition to be determined.”],
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Murphy can prove race discrimination under §1981/§1982 | Murphy minority; attempted purchase; treated differently | No interference with purchase; not barred from buying | §1981/§1982 claims survive summary judgment |
| Whether Defendants’ actions constitute intentional infliction of emotional distress | Defendants’ conduct causing severe distress | Removal from store not extreme or outrageous | IIED claim granted summary judgment for Defendants; Count III dismissed |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (establishes burden-shifting and movant’s evidentiary standards)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (material factual disputes preclude summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (no genuine issue of material fact where evidence is not probative)