Carl Youngblood v. Hy-Vee Food Stores, Inc.

266 F.3d 851, 2001 U.S. App. LEXIS 20489, 2001 WL 1081110
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 17, 2001
Docket00-3980
StatusPublished
Cited by151 cases

This text of 266 F.3d 851 (Carl Youngblood v. Hy-Vee Food Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carl Youngblood v. Hy-Vee Food Stores, Inc., 266 F.3d 851, 2001 U.S. App. LEXIS 20489, 2001 WL 1081110 (8th Cir. 2001).

Opinions

DAWSON, Circuit Judge.

Carl Youngblood, an African-American, instituted a civil rights action against Hy-Vee Food Stores, Inc. (Hy-Vee), asserting that Hy-Vee violated his rights under 42 U.S.C. §§ 1981 and 1983 and also subjected him to malicious prosecution and false imprisonment when they detained him on suspicion of shoplifting and had him arrested and pressed charges against him. The district court2 granted Hy-Vee summary judgment, concluding that Hy-Vee’s actions did not deprive Youngblood of his right to contract under Section 1981, as Youngblood had completed his purchase; that Hy-Vee did not violate the full-and-equal-benefits clause of Section 1981, as its actions constituted private and not state action; that because Hy-Vee’s actions did not constitute state action, Youngblood’s Section 1983 claim likewise failed; and that Youngblood could not establish malicious prosecution or false imprisonment, as there was probable cause for his arrest and his detention was reasonable.

On appeal, Youngblood argues that the contract rights protected by Section 1981 include the right to the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship, and that the district court therefore erred in concluding that Section 1981 provided Young-blood no protection once he completed the contract by making his purchase. Young-blood further argues that the full-and-equal-benefits clause of Section 1981 applies to private actors, and that, in any event, Hy-Vee acted under color of state law so as to implicate Youngblood’s rights under both Sections 1981 and 1983. Finally, Youngblood argues that probable cause did not exist to arrest him and thus, summary judgment was inappropriate on his malicious-prosecution and false-imprisonment claims.

For reasons stated herein, we AFFIRM the decision of the district court.

1. Background.

On or about April 13, 1998, Youngblood entered Hy-Vee and proceeded to the section of the store that contained canisters of beef jerky. Youngblood spent some time in this area before selecting a canister and walking up the aisle towards the check-out area. A store employee observed Young-blood and thought his behavior unusual for it appeared to the employee that Young-blood had his hands underneath his shirt. After taking a few steps up the aisle, Youngblood turned and returned to the beef-jerky section, placed the original canister back on the shelf and picked up another canister. It appeared to the store employee that Youngblood placed the second canister underneath his shirt. Young-blood then proceeded to the cash register and purchased a single canister of beef jerky. The store employee checked the canister Youngblood placed back on the shelf and discovered that most of the beef jerky inside was missing. As Youngblood headed toward the exit, the employee stopped Youngblood and asked for his receipt. Youngblood gave him the receipt and his bag. The store employee opened the canister Youngblood had purchased and observed that it was “crammed full” of beef jerky. The stop of Youngblood in the front of the store lasted two to five minutes and Youngblood then waited in an upstairs office for approximately twenty [854]*854minutes until the police arrived. The door to the office remained open during this time and Youngblood was not physically restrained in any manner. When the police officer arrived, he asked what Young-blood had done and the store employee told the officer that Youngblood had taken most of the contents of one beef-jerky canister and placed it into another. After examining the contents of the canister, the officer arrested Youngblood. The criminal charges against Youngblood were ultimately dismissed.

II. Discussion.

We review the district court’s grant of summary judgment de novo. See Beck v. Skon, 253 F.3d 330, 333 (8th Cir.2001). We reverse an award of summary judgment only if we find that a material issue of fact exists or that the district court made an incorrect conclusion of law. See Fed.R.Civ.P. 56(c). In deciding whether Hy-Vee is entitled to summary judgment, we view the summary judgment record in a light most favorable to Youngblood, affording him the benefit of all reasonable inferences. See Tlamka v. Serrell, 244 F.3d 628, 632 (8th Cir.2001).

A. Section 1981’s Right-to-Contract Clause

Section 1981 provides that all persons shall have the same right to “make and enforce contracts.” See 42 U.S.C. § 1981(a). In 1991, Congress expanded the scope of Section 1981 to include the right to “the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.” See 42 U.S.C. § 1981(b). Hy-Vee removed the beef jerky from Youngblood after the point of purchase and Hy-Vee did not refund Youngblood’s money even after the charges against him were dismissed. Hy-Vee further did not return the beef jerky to Youngblood as Hy-Vee discards all damaged items associated with a suspected shoplifting. The question we must determine is whether any contractual relationship remained once Youngblood completed his purchase and if the taking of the beef jerky denied Youngblood a benefit of the contractual relationship.

While there is scant precedent, courts that have addressed the issue have concluded that once the purchase is completed, no contractual relationship remains. See e.g., Lewis v. J.C. Penney Co. Inc., 948 F.Supp. 367, 372 (D.Del.1996); see also Rogers v. Elliott, 135 F.Supp.2d 1312, 1315 (N.D.Ga.2001). Youngblood correctly points out that in these cases the customers did not have the merchandise they purchased taken away. This distinction is of little significance, however, as the key is whether any contractual duty remained after Youngblood made his purchase. Once Youngblood paid the cashier and received the beef jerky from the cashier, neither party owed the other any duty under the retail-sale contract. This case is distinguishable from Hampton v. Dillard Dept. Stores, Inc., 247 F.3d 1091 (10th Cir.2001), where the Tenth Circuit found a contractual relationship existed after the purchase. In Hampton, the customer received a coupon for a fragrance sample as a benefit of her purchase and the Tenth Circuit concluded that the store had a contractual duty to allow the customer to redeem the coupon. See id. at 1103-05. In this case, nothing that happened after the sale created any further contractual duty on Hy-Vee’s part. Accordingly, Hy-Vee cannot be said to have deprived Youngblood of the benefit of any contractual relationship, as no such relationship existed when it took the beef jerky away from Youngblood.

The dissent suggests that Young-blood was blatantly discriminated against [855]*855in this case.

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266 F.3d 851, 2001 U.S. App. LEXIS 20489, 2001 WL 1081110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-youngblood-v-hy-vee-food-stores-inc-ca8-2001.