African American man detained based on racial profiling: Discrimination: Emotional distress: Verdict

Law Reporter, May 2002

African American man detained based on racial profiling: Discrimination: Emotional distress: Verdict.

Kelly v. Bank Midwest, N.A., U.S. Dist. Ct., D. Kan,, No. 00-2042-JWL, Nov. 26,2001.

Kelly, 26, and his brother, who are African American, went to a bank so that Kelly could deposit money and obtain a loan. Bank employees reportedly became suspicious of Kelly and his brother and called the police.

After the police arrived, they detained Kelly and his brother. Both men were eventually released without being charged with any crime. As a result of his detention, Kelly suffered emotional distress.

Kelly sued the bank, alleging its employees' actions in calling the police were discriminatory because they were based on racial profiling. Specifically, plaintiff claimed two of the employees subjected the men to a higher level of scrutiny because of the assumption that, because the men were African American, they were trying to defraud the bank.

In a bench trial, a judge awarded plaintiff $40,000 in compensatory damages plus an additional $40,000 in attorney fees and costs.

Plaintiff's Counsel

*John Wray Kurtz, Kansas City, Mo.