Store's Denial of Service • Store Contacting Police • Failure to State a Claim

Cruz v. Wal-Mart Super Ctr., PICS Case No. 17-1406 (E.D. Pa. Aug. 29, 2017) Leeson, U.S.D.J. (7 pages).

Civil Rights Act claim failed where plaintiff failed to plead that defendant was a “public accommodation” under the act, or that he was denied service because his race, color, religion, or national origin. Motion to dismiss granted, with prejudice in part and without prejudice in part.

Defendant Wal-Mart moved to dismiss plaintiff Ricardo Cruz's complaint for failure to state a claim. Plaintiff alleged that he was denied service by employees of a Wal-Mart, and that after he left the store, those employees called the police, which plaintiff further alleged led to a hostile encounter with police at his home. Plaintiff claimed he sent photographs via the internet to Wal-Mart to be printed, and that when he arrived at the store to pick up the prints a manager claimed the machine was “down.” The manager asked for plaintiff's identification and took down his contact information. After plaintiff left, the manager called police and provided plaintiff's contact information. Plaintiff further claimed that police later raided his home, without identifying themselves as law enforcement or presenting a warrant or other court order, and nearly shot his dogs and his son.