Pierre v. JC PENNEY CO., INC.

MEMORANDUM & ORDER

DEARIE, District Judge.

In this proposed class action, plaintiff alleges that J.C. Penney stores in the New York City area single out black and African-American customers for particular scrutiny based on suspicions of shoplifting. She claims that her detention by security personnel at a store in Queens violated her right to equal benefit of the law guaranteed under 42 U.S.C. § 1981, the Fourth Amendment, and state and city law. J.C. Penney moves to dismiss the complaint pursuant to Rule 12(b)(6). For the reasons discussed below, the motion is granted on the Fourth Amendment…