United States First Circuit

Dismissal of plaintiff's racial discrimination suit under 42 U.S.C. section 1981 against defendants is affirmed, where: 1) plaintiff's allegations are that the only harm she suffered was from the sales clerk's discriminatory utterances, without more; 2) plaintiff does not allege that she was impeded from making installment payments or from taking home the items placed on layaway; and thus, 3) there are no allegations that could plausibly support a finding that this completed layaway transaction involving solely a sale of goods was a violation of section 1981.

Appellate Information

• Decided 10/25/2013
• Published 10/25/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel