Hammond v. Kmart Corporation

LYNCH, Chief Judge.

Chenell Hammond, a retail customer, appeals from the dismissal of her action under 42 U.S.C. § 1981 against Kmart Corporation and Sears Holdings Corporation (collectively, “Kmart”), where she successfully purchased goods using the store’s layaway process. The district court granted Kmart’s motion to dismiss because Hammond’s pleadings were insufficient to state a claim under § 1981. It dismissed the federal claim, but dismissed without prejudice a pendent state law claim. We affirm on the narrow facts of this case and the paucity of the allegations.

I

Hammond filed suit on…