United States Eighth Circuit

In an action brought by an African American couple against a retailer under 42 U.S.C. section 1981, summary judgment for the retailer is reversed and remanded where there was a genuine issue of fact as to whether: 1) plaintiffs had a contractual interest protected by section 1981, and as to whether they were prevented from making a contract for a watch by the discriminatory conduct of an employee; 2) plaintiffs suffered actionable interference with their rights under section 1981; and 3) the retailer knew or should have known of an employee's racially hostile propensities and not only failed to take reasonable measures to stop it, but continued to place her on the sales floor and authorized her to interact with customers.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cheryl A. Pilate, Wyrsch Hobbs & Mirakian, P.C., Kansas City, MO, argued (Stephen G. Mirakian, on the brief), for appellants.


• For Appellees:
  
• Jeremiah J. Morgan, Bryan Cave, LLP, Kansas City, MO, argued (Lynn S. McCreary, on the brief), for appellee.