Gregory v. Dillard's, Inc. - 565 F.3d 464 (8th Cir. 2009)

Rule:

A civil rights complaint must contain facts which state a claim as a matter of law and must not be conclusory. A plaintiff must assert facts that affirmatively and plausibly suggest that the pleader has the right he claims, rather than facts that are merely consistent with such a right. While a plaintiff need not set forth detailed factual allegations, or specific facts that describe the evidence to be presented, the complaint must include sufficient factual allegations to provide the grounds on which the claim rests. A district court, therefore, is not required to divine the litigant's intent and create claims that are not clearly raised, and it need not conjure up unpled allegations to save a complaint.

Facts:

Plaintiffs, African-Americans, alleged that Dillard's, Inc. violated 42 U.S.C.S. § 1981 by discriminating on the basis of race in the making and enforcement of contracts on specific occasions. Plaintiffs also alleged that the actions of Dillard's constituted discrimination on the basis of race in a place of public accommodation, in violation of the MHRA. The district court dismissed their claims.

Issue:

Did the complaint meet the foundational pleading requirements for a suit under § 1981?

Answer:

No.

Conclusion:

The instant court found that absent an allegation that plaintiffs attempted to purchase merchandise, the complaint failed to meet the foundational pleading requirements for a suit under § 1981, because it did not satisfy the third element that plaintiffs attempted to make a contract. Protected activity under § 1981 did not extend to the mere expectation of being treated without discrimination while shopping. The instant court also found that an allegation of discriminatory surveillance was insufficient to state a claim under § 1981. Finally, the instant court found that the claims under the MHRA should be decided by the courts of Missouri.