Man accused of fondling store employee: False imprisonment: Racial discrimination: Emotional distress: Settlement: Verdict

Law Reporter, Nov 2004

Johnson v. Barnes & Noble Booksellers, Inc., U.S. Dist. Ct., S.D. Fla., No. 03-24088-CIV-Graham, May 20, 2004.

Johnson, a 47-year-old African American man, was shopping at a bookstore when a white female employee of the store accused him of touching her buttocks. A store security guard and managers detained Johnson for about two hours before giving him a trespass notice and directing him not to return to any of the chain's Florida stores. The security guard allegedly told Johnson the "standards" are different for a black person than a white person. Johnson suffered emotional distress and developed an eye tic as a result of stress.

Johnson filed suit against the store and the security company that employed the guard, alleging false imprisonment and racial discrimination in violation of 42 U.S.C. § 1981. Defendants contended that their actions were justified by the circumstances and denied discriminating on the basis of race.

Plaintiff did not claim lost income.

The security company settled with plaintiff before trial for $10,000. At trial against the store, the jury awarded plaintiff $117,000.

Plaintiff's expert witness was Michael Cosgrove, commercial security, Weston, Fla.

Plaintiff's Counsel

* Matthew W. Dietz, Coral Gables, Fla.

* Stephanie L. Langer, Coral Gables, Fla.