CHAPMAN v. THE HIGBEE CO., 99-3970
42 U.S.C. section 1981 protects against impairment of its equal benefit clause by private discrimination, and genuine issues of fact exist in a section 1983 claim as to whether a store security officer acted under color of state law in asking plaintiff to enter a fitting room so that her clothes and person could be searched.
- Argued 03/20/2002
- Decided 02/11/2003
- Published 02/11/2003
Before MARTIN, Chief Circuit Judge; BOGGS, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.
United States Sixth Circuit
David R. Grant (argued and briefed), Smith & Condeni, Cleveland, OH, for Plaintiff-Appellant., Gino J. Scarselli (briefed), Richmond Heights, OH, for Amicus Curiae American Civil Liberties Union., Michael W. Donaldson (briefed), Thomas M. Tarpy (briefed), Michael R. Thomas, Vorys, Sater, Seymour & Pease, Columbus, OH, for Amici Curiae Ohio Council of Retail Merchants, Kentucky Retail Federation, Inc., Michigan Retailers Association and Tennessee Council of Retail Merchants.
Gregory E. O'Brien, Timothy D. Johnson, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, John B. Lewis (argued and briefed), Thomas J. Piatak (briefed), Baker & Hostetler, Cleveland, OH, for Defendant-Appellee.