United States Tenth Circuit

Evidence that department store security guards noted suspicious customers by race and noted plaintiff's race numerous times in incident report is sufficient to support jury verdict of a pretextual stop under 42 USC 1981.

Appellate Information

• Decided 04/24/2001
• Published 04/25/2001

Judges

• HENRY, Circuit Judge., Before HENRY, STEPHEN H. ANDERSON and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Arthur A. Benson II, (Jamie Kathryn Lansford, Jane McQueeny, Gregg Lombardi, and Aften P. McKinney, with him on the briefs), of Arthur Benson & Associates, Kansas City, MO, for Cooper and Hampton., Jack L. Whitacre and Elaine Drodge Koch of Spencer Fane Britt & Browne LLP, Kansas City, MO, for Dillard Department Stores., Julie M. Williamson, Duncan R. Butts, Eric Fisher, Jonathan Goldberg and Ann C. Kiley of McKenna & Cuneo, L.L.P., Denver, CO, submitted a brief, for Amicus Curiae Lawyers' Committee for Civil Rights Under Law.