Paula Crockett v. Genter Drummond, Oklahoma Attorney General, et al.

Summary

The United States District Court for the Western District of Oklahoma granted Walgreens Store #4673’s motion to dismiss Paula Crockett’s claims without prejudice. The court held that Walgreens, a general retail establishment, was not plausibly alleged to be a place of public accommodation under Title II of the Civil Rights Act of 1964, and that Walgreens was not acting under color of state law for purposes of 42 U.S.C. § 1983.

Holdings

1. Plaintiff failed to state a Title II claim because the complaint did not plausibly allege that Walgreens was a place of public accommodation within the meaning of 42 U.S.C. § 2000a. A general retail establishment is not covered unless it incorporates a facility principally engaged in selling food for consumption on the premises.
2. Plaintiff failed to state a § 1983 claim because the complaint alleged conduct by a privately owned Walgreens and did not plausibly show that Walgreens or its employees acted under color of state law.

Questions Presented

1. Whether Plaintiff plausibly stated a Title II claim against Walgreens by alleging discriminatory treatment at a retail pharmacy.
2. Whether Plaintiff plausibly alleged that Walgreens or its employees acted under color of state law for purposes of 42 U.S.C. § 1983.

Disposition

dismissed