A claim for interference with the right to make and enforce a contract requires alleging the actual loss of a contract interest rather than the mere possibility of loss.
Two African-American men entered a retail store and were approached by police officers after a manager reported them for acting suspiciously. The plaintiffs sued alleging that the store's actions violated 42 U.S.C. §§ 1981 and 1982 by interfering with their right to make and enforce contracts and their right to purchase personal property. The court held that to establish a claim for interference with the right to make and enforce a contract, a plaintiff must allege the actual loss of a contract interest rather than the mere possibility of losing future contract opportunities. Because the plaintiffs were not denied service or admittance and did not attempt further purchases, they failed to show an actual loss of a contract interest.
At page 413 Analyzing federal remedies for racial discrimination in contracts170 citing cases“(1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activities enumerated in the statute (i.e., the making and enforcing of a contract).”
- Dugar v. U.S. Bank, No. 1:21-cv-04052 (N.D. Ill. June 10, 2022). See Morris, 89 F.3d at 414 (“[Plaintiffs’] allegation that [defendant] interfered with their ‘prospective contractual relations’ is speculative and insufficient to state a claim under § 1981.”).
- Jackson v. Joliet Police Dep't, The, No. 1:19-cv-07284 (N.D. Ill. Sept. 29, 2020).(To establish a claim under § 1981, the plaintiffs must show that . . . the defendant had an intent to discriminate on the basis of race[.])
- Shumate v. Twin Tier Hosp., LLC, 655 F. Supp. 2d 521 (M.D. Pa. 2009).published Id. at 436 (“[T]his was a third-party beneficiary contract.”).
- Hampton v. Dillard Dep't Stores, Inc., 247 F.3d 1091 (10th Cir. 2001).published See Phelps, 886 F.2d at 1267 (emphasizing that actual loss is protected by § 1981, not possible loss); Morris, 89 F.3d at 414-15 ("A claim for interference with the right to make and enforce a contract must allege the actual loss of a cont…
- Feliciano, No. 2:25-cv-00084 (E.D. Wis. Sept. 16, 2026).Domino’s Pizza, Inc. v. McDonald, 546 U.S. 470, 476 (2006); Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996) (citing Rivers v. Roadway Express, Inc., 511 U.S. 298 (1994)).
- Calle, No. 2:26-cv-01044 (E.D. Wis. Sept. 1, 2026).Ill 2013) (quoting Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996) and citing 42 U.S.C. § 1981 )).
- Marian Azab v. Bradley Univ., No. 1:25-cv-01223 (C.D. Ill. June 24, 2026).Ill. 2013) (quoting Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996)).
- Powell, No. 1:23-cv-14098 (N.D. Ill. Apr. 9, 2026).See 42 U.S.C. § 1981 ; Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Chenell L. Smith v. Erie Ins. Grp., No. 2:25-cv-00300 (N.D. Ind. Feb. 11, 2026).Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996).
- James C. Jackson v. Illinois Cent. R.R. Co., No. 1:25-cv-01166 (E.D. Wis. Nov. 4, 2025).“To establish a claim under § 1981, the plaintiffs must show that (1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the acti…
Show 151 more citing cases
- White-Peck v. Wexford Health Sources Inc, No. 1:22-cv-01856 (N.D. Ill. Sept. 15, 2025).Plaintiffs seeking to assert a § 1981 claim must plead that “(1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activitie…
- Boyd v. City of Kenosha, No. 2:24-cv-00919 (E.D. Wis. Sept. 2, 2025).Boyd’s Section 1981 Claim To allege discrimination under 42 U.S.C. § 1981 , a plaintiff must claim that: “(1) they are [a] member of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discr…
- Bennett v. Robinhood Fin. LLC, No. 1:24-cv-03829 (N.D. Ill. Aug. 7, 2025).Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Haller v. Hobby Lobby Stores, Inc., No. 1:24-cv-00293 (N.D. Ind. Apr. 14, 2025).Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996).
- Galbreath v. Help at Home, LLC, No. 1:24-cv-01661, 2025 WL 919574 (N.D. Ill. Mar. 26, 2025).To state a claim under section 1981, a plaintiff must allege that (1) she is a “member[] of a racial minority,” (2) “the defendant had an intent to discriminate on the basis of race,” and (3) the discrimination concerned “the making and en…
- Dinges v. Wilde, No. 2:23-cv-12885 (E.D. Mich. Mar. 21, 2025).E.g., Brown v. City of Oneonta, 195 F.3d 111, 121 (2d Cir. 1999); Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Crockett v. WKM Auto. Inc, No. 1:23-cv-14899 (N.D. Ill. Mar. 21, 2025).Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Armstrong v. City of Milwaukee, No. 2:24-cv-01389 (E.D. Wis. Mar. 18, 2025).“To state a claim under § 1981, [the plaintiff] must allege facts in support of the following propositions: (1) [the plaintiff] is a member of a racial minority; (2) the [defendants] intended to discriminate on the basis of race; and (3) t…
- Smith v. Illinois Dep't of Corr., No. 1:24-cv-05022 (N.D. Ill. Mar. 7, 2025).Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Davis v. Pete's Fresh Mkt. 4700 Corp., No. 1:23-cv-14160 (N.D. Ill. Mar. 3, 2025).Section 1981 plaintiffs must show that “(1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activities enumerated in the s…
- Hill v. AutoZone Stores LLC, No. 1:24-cv-00012 (N.D. Ind. Feb. 6, 2025).Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996); Granger v. 24/30 Surplus, LLC, No. 1:15-CV-135, 2016 WL 231290 , at *2 (N.D.
- U.S. Equal Emp. Opportunity Comm'n v. Sis-Bro, Inc., No. 3:24-cv-00968 (S.D. Ill. Jan. 16, 2025).See Rivers v. Roadway Exp., Inc., 511 U.S. 298, 302 (1994); Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- (PS) Orji v. Walmart Superstores, Inc, No. 2:23-cv-01795 (E.D. Cal. Jan. 14, 2025).The right to “make and enforce contracts” includes “the making, 16 performance, modification, and termination of contracts, and the enjoyment of all benefits, 17 privileges, terms, and conditions of the contractual relationship.” 42 U.S.C.…
- Dochee v. Methodist Hospitals, Inc, No. 2:21-cv-00275 (N.D. Ind. Sept. 30, 2024).Max, 89 F.3d 411, 413 (7th Cir. 1996).
- Sheikh v. Jung, No. 1:23-cv-03315 (N.D. Ill. Sept. 24, 2024). Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Ewing v. Rockford Christian Schs., No. 3:24-cv-50016 (N.D. Ill. Aug. 28, 2024).For their racial discrimination claim under § 1981, Plaintiffs must allege that “(1) they are members of a racial minority; (2) the defendant had an intent to discrim- inate on the basis of race; and (3) the discrimination concerned one or…
- Hager v. Brinker Texas, 102 F.4th 692 (5th Cir. 2024).publishedMax, Inc., 89 F.3d 411, 413 (7th Cir. 1996)).
- Mary Jane Sweet Spot, LLC v. City of Blue Island, No. 1:22-cv-06273, 2024 WL 1363635 (N.D. Ill. Mar. 29, 2024).Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Hatch v. Barrett, No. 2:20-cv-01791 (E.D. Wis. Oct. 23, 2023). ANALYSIS 5.1 Federal Claims 5.1.1 42 U.S.C. § 1981 “Section 1981 addresses racial discrimination in contractual relationships.” Morris v. Office Max, 89 F.3d 411, 413 (7th Cir. 1996).
- Shebley v. United Cont'l Holdings, Inc., No. 1:17-cv-01906 (N.D. Ill. Sept. 30, 2023).Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Johnson v. Nestle' USA, No. 1:19-cv-07119 (N.D. Ill. Sept. 29, 2023).Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Mays v. Exeter, No. 2:22-cv-00281 (N.D. Ind. May 24, 2023).To establish a claim under § 1981, a plaintiff must demonstrate that “(1) [he is a member] of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the…
- (PS) Rogers v. Gordon, No. 2:23-cv-00532 (E.D. Cal. May 15, 2023).Morris v. Office 24 Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996). 25 42 U.S.C. § 1985 (3) creates a cause of action against defendants in a conspiracy to 26 interfere with an individual’s civil rights.
- Circle City Broad. I, LLC v. Dish Network, LLC, No. 1:20-cv-00750 (S.D. Ind. Mar. 31, 2023)."To establish a prima facie claim of [race] discrimination, [the plaintiff] must show (1) he is a member of a racial minority; (2) the defendant[] had the intent to discriminate on the basis of race; and (3) the discrimination concerned th…
- Johnson, Dominic v. Kosnick, Josh, No. 3:21-cv-00696 (W.D. Wis. Mar. 22, 2023).Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- (PS) McGee v. Airport Little League Baseball Inc., No. 2:21-cv-01654 (E.D. Cal. Feb. 7, 2023).Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Bakhtiari v. Doe, No. 1:22-cv-02406 (N.D. Ill. Dec. 13, 2022).(Because of their common origin and purpose, § 1981 and § 1982 are generally construed in tandem.” (citing Tillman v. Wheaton-Haven Recreation Ass’n, Inc., 410 U.S. 431, 440 (1973))
- Hatch v. Barrett, No. 2:20-cv-01791 (E.D. Wis. Nov. 23, 2022).Hatch, 2022 U.S. App. LEXIS 8014 , at *6 (citing Morris v. Office Max, Inc., 89 F.3d 411, 413, 415 (7th Cir. 1996)).
- N. v. Home Depot Inc, No. 2:21-cv-00242 (N.D. Ind. Oct. 14, 2022). Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- McGee v. Fifth Third Bank, No. 1:21-cv-03024 (N.D. Ill. Oct. 11, 2022).To allege a claim under 42 U.S.C. §1981 , McGee must plead that: (1) he is a member of a racial minority; (2) Fifth Third “had an intent to discriminate on the basis of race;” and “(3) the discrimination concerned one or more of the activi…
- Mays v. State Farm, No. 2:22-cv-00280 (N.D. Ind. Sept. 29, 2022).(To establish a claim under § 1981, the plaintiffs must show that (1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3)
- Mays v. Exeter, No. 2:22-cv-00281 (N.D. Ind. Sept. 28, 2022).(To establish a claim under § 1981, the plaintiffs must show that (1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3)
- Williams v. Dillard's Dep't Stores Inc., 211 F. App'x 327 (5th Cir. 2006).unpublished
- David Rutstein v. Avis Rent-A-Car Sys., Inc., 211 F.3d 1228 (11th Cir. 2000).published
- Shawl v. Dillard's Inc., 17 F. App'x 908 (10th Cir. 2001).unpublished
- Jill E. Brown-Hiltz v. United Airlines, Inc., 132 F.3d 36 (7th Cir. 1997).unpublished
- 77 Fair empl.prac.cas. (Bna) 1278 v. Kenneth Conboy, 156 F.3d 167 (2d Cir. 1998).published
- 79 Fair empl.prac.cas. (Bna) 1245 v. Pinkerton's, Inc., 173 F.3d 661 (8th Cir. 1999).published
- Lois Christian Amber Edens v. Wal-Mart Stores, Inc., 252 F.3d 862 (6th Cir. 2001).published
- Shahid Shaikh v. City of Chicago, 341 F.3d 627 (7th Cir. 2003).published
- Black Agents & Brokers Agency, Inc. v. Near North Ins. Brokerage, Inc., 409 F.3d 833 (7th Cir. 2005).published
- Jean Denny Seandria Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427 (4th Cir. 2006).published
- Gregory v. Dillard's, Inc., 565 F.3d 464 (8th Cir. 2009).published
- Kiray v. Hy-Vee, Inc., 716 N.W.2d 193 (Iowa Ct. App. 2006).published
- Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009).published
- Gregory v. Dillard's, Inc., 494 F.3d 694 (8th Cir. 2007).published
- Farmer v. Cont'l Ins., 955 F. Supp. 970 (N.D. Ill. 1997).published
- Hampton v. Dillard Dep't Stores, Inc., 985 F. Supp. 1055 (D. Kan. 1997).published
- Orgain v. City of Salisbury, 521 F. Supp. 2d 465 (D. Md. 2007).published
- Day v. N. Indiana Pub. Serv. Co., 987 F. Supp. 1105 (N.D. Ind. 1997).published
- Nair v. Bank of Am. Illinois, 991 F. Supp. 940 (N.D. Ill. 1997).published
- Sterling v. Kazmierczak, 983 F. Supp. 1186 (N.D. Ill. 1997).published
- Lewis v. JC Penney Co., 948 F. Supp. 367 (D. Del. 1996).published
- Mohr v. Chicago Sch. Reform Bd., 993 F. Supp. 1155 (N.D. Ill. 1998).published
- Pullin v. City of Canton, 133 F. Supp. 2d 1045 (N.D. Ohio 2001).published
- Wilson v. Souchet, 168 F. Supp. 2d 860 (N.D. Ill. 2001).published
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- Garrett v. Tandy Corp., 142 F. Supp. 2d 117 (D. Me. 2001).published
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- Roy v. Bd. of Cnty. Commissioners, 607 F. Supp. 2d 1297 (N.D. Fla. 2009).published
- Newman v. Borders, Inc., 530 F. Supp. 2d 346 (D.D.C. 2008).published
- Buchanan v. Consol. Stores Corp., 125 F. Supp. 2d 730 (D. Md. 2001).published
- Benton v. Cousins Props., Inc., 230 F. Supp. 2d 1351 (N.D. Ga. 2002).published
- Brooks v. Collis Foods, Inc., 365 F. Supp. 2d 1342 (N.D. Ga. 2005).published
- Hampton v. Dillard Dep't Stores, Inc., 18 F. Supp. 2d 1256 (D. Kan. 1998).published
- Sims v. Humane Soc. of St. Joseph Cnty. Indiana, 758 F. Supp. 2d 737 (N.D. Ind. 2010).published
- Swearingen-El v. Cook Cnty. Sheriff's Dep't, 416 F. Supp. 2d 612 (N.D. Ill. 2006).published
- Jeffery v. Home Depot U.S.A., Inc., 90 F. Supp. 2d 1066 (S.D. Cal. 2000).published
- White v. Williams, 179 F. Supp. 2d 405 (D.N.J. 2002).published
- West v. Duncan, 179 F. Supp. 2d 794 (N.D. Ohio 2001).published
- Jacobeit v. Rich Twp. High Sch. Dist. 227, 673 F. Supp. 2d 653 (N.D. Ill. 2009).published
- Stevens v. Steak N Shake, Inc., 35 F. Supp. 2d 882 (M.D. Fla. 1998).published
- Mitchell v. DCX, Inc., 274 F. Supp. 2d 33 (D.D.C. 2003).published
- Edwards & Assocs., Inc. v. Black & Veatch, L.L.P., 84 F. Supp. 2d 1182 (D. Kan. 2000).published
- Baltimore-Clark v. Kinko's Inc., 270 F. Supp. 2d 695 (D. Md. 2003).published
- Wesley v. Don Stein Buick, Inc., 42 F. Supp. 2d 1192 (D. Kan. 1999).published
- Allen v. U.S. Bancorp, 264 F. Supp. 2d 945 (D. Or. 2003).published
- Santiago v. City of Vineland, 107 F. Supp. 2d 512 (D.N.J. 2000).published
- Xiangyuan (Sue) Zhu v. Countrywide Realty, Co., 165 F. Supp. 2d 1181 (D. Kan. 2001).published
- Accurso v. United Airlines, Inc., 109 F. Supp. 2d 953 (N.D. Ill. 2000).published
- Habash v. City of Salisbury, 618 F. Supp. 2d 434 (D. Md. 2009).published
- Bobbitt ex rel. Bobbitt v. Rage Inc., 19 F. Supp. 2d 512 (W.D.N.C. 1998).published
- Hill v. Shell Oil Co., 78 F. Supp. 2d 764 (N.D. Ill. 1999).published
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- Denny v. Elizabeth Arden, No. 05-1228 (4th Cir. Aug. 9, 2006).published
- Cunningham v. Sisk, 136 F. App'x 771 (6th Cir. 2005).unpublished
- Jennings v. Sallie Mae, Inc., 358 F. App'x 719 (7th Cir. 2009).unpublished
- Enoch Griffin v. Pinkerton's, Inc., 173 F.3d 661 (8th Cir. 1999).published
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- Jackson v. Starbucks Corp., No. 2019-1487, 2022 WL 888180 (D.D.C. Mar. 25, 2022).published
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- Anderson v. Conboy, 156 F.3d 167 (2d Cir. 1998).published
- Radivojevic v. Granville Terrace Mut. Ownership Trust, 20 F. App'x 542 (7th Cir. 2001).unpublished
- Woodson v. Pfizer, Inc., 34 F. App'x 490 (7th Cir. 2002).unpublished
- Maddox v. Bais Yaakov Hebrew Parochial Sch., 36 F. Supp. 2d 798 (N.D. Ill. 1999).published
- Lugo v. Int'l Bhd. of Elec. Workers Local 134, 175 F. Supp. 3d 1026 (N.D. Ill. 2016).published
- Adam v. Obama for Am., 210 F. Supp. 3d 979 (N.D. Ill. 2016).published
- King v. City of Eastpointe, 86 F. App'x 790 (6th Cir. 2003).unpublished
- Mayers v. Sedgwick Claims Mgmt. Servicess, Inc., 101 F. App'x 591 (6th Cir. 2004).unpublished
- Shelton v. Bump, 118 F. App'x 69 (7th Cir. 2004).unpublished
- Kim v. Ritter, 493 F. App'x 787 (7th Cir. 2012).unpublished
- Woods v. Von Maur, Inc., 837 F. Supp. 2d 857 (N.D. Ill. 2011).published
- Vega v. Chicago Park Dist., 958 F. Supp. 2d 943 (N.D. Ill. 2013).published
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- Doe v. Ancona Sch., No. 1:16-cv-07601 (N.D. Ill. July 17, 2018).
- Reyes v. Walker, No. 1:18-cv-02065 (N.D. Ill. Nov. 19, 2018).
- Shebley v. United Cont'l Holdings, Inc., No. 1:17-cv-01906 (N.D. Ill. Jan. 16, 2019).
- Hogroe v. Burlington N. & Santa Fe Ry. Co., No. 1:16-cv-02976 (N.D. Ill. Dec. 20, 2018).
- Sharma v. Bd. of Trs. of the Univ. of Illinois, 404 F. Supp. 3d 1183 (N.D. Ill. 2019).published
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- Cavalier v. Speedway, LLC, No. 1:20-cv-03883, 2022 WL 900195 (N.D. Ill. Mar. 28, 2022).
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- Circle City Broad. I, LLC v. AT&T Servs., Inc., No. 1:20-cv-02108 (S.D. Ind. Mar. 31, 2023).
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- Duncan v. Jefferson Cnty. Bd. of Educ., No. 3:19-cv-00495 (W.D. Ky. Mar. 23, 2021).
- Carter v. Bentley Motors Inc., 489 F. Supp. 3d 316 (D.N.J. 2020).published
- Williams v. State Farm Mut. Auto. Ins. Co., 609 F. Supp. 3d 662 (N.D. Ill. 2022).published
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- Easley v. Sally Beauty Supply, No. 2:18-cv-01803 (E.D. Wis. Oct. 21, 2020).
- Abdullah v. Blazin Wings Inc, No. 2:20-cv-00612 (E.D. Wis. May 17, 2021).
- Phillips, Michael v. Mega Concrete Constr., LLC, No. 3:20-cv-00658 (W.D. Wis. Jan. 21, 2021).
- Phillips, Michael v. Mega Concrete Constr., LLC, No. 3:20-cv-00658, 2022 WL 252100 (W.D. Wis. Jan. 27, 2022).
- Johnson, Devonere v. Willy Street Co-op North, No. 3:22-cv-00081 (W.D. Wis. Mar. 21, 2022).
- Feliciano v. True AV Solutions LLC, No. 2:25-cv-00084 (E.D. Wis. May 6, 2025).
- Harris v. Degeatano Enter., Inc., No. 1:23-cv-02058 (N.D. Ill. Aug. 18, 2025).
- McCann, Derrick v. MidWest Fam. Broad., No. 3:25-cv-00741 (W.D. Wis. Sept. 22, 2025).
- Eddie L. Hatch v. Gorman & Co., No. 3:25-cv-00238 (W.D. Wis. Nov. 3, 2025).
- Manning, No. 1:23-cv-00210 (N.D. Ill. Sept. 21, 2026).
- King, No. 1:20-cv-05132 (N.D. Ill. Sept. 25, 2026).
- Shebley v. United Cont'l Holdings, Inc., No. 1:17-cv-01906, 2020 WL 2836796 (N.D. Ill. May 31, 2020).
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At page 414 Interference with contract rights requires actual loss60 citing cases“a claim for interference with the right to make and enforce a contract must allege the actual loss of a contract interest, not merely the possible loss of future contract opportunities.”
- Shed v. Bredemann, No. 1:21-cv-05523 (N.D. Ill. Apr. 25, 2023). (They cannot point to specific facts showing that Office Max deprived them of any of the enumerated rights in § 1981 and, specifically, the right to make and enforce a contract. They were denied neither admittance nor s…)
- Dugar v. U.S. Bank, No. 1:21-cv-04052 (N.D. Ill. June 10, 2022). ([Plaintiffs’] allegation that [defendant] interfered with their ‘prospective contractual relations’ is speculative and insufficient to state a claim under § 1981.)
- Hampton v. Dillard Dep't Stores, Inc., 247 F.3d 1091 (10th Cir. 2001).published (A claim for interference with the right to make and enforce a contract must allege the actual loss of a contract interest, not merely the possible loss of future contract opportunities.)
- Chenell L. Smith v. Erie Ins. Grp., No. 2:25-cv-00300 (N.D. Ind. Feb. 11, 2026).Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996).
- Kisob, No. 2:25-cv-00327 (D. Nev. Nov. 10, 2025).Cal. 2000); see also Gregory v. 11 Dillard’s, Inc., 565 F.3d 464, 471 (8th Cir. 2009); Morris v. Dillard Dep’t Stores, Inc., 277 F.3d 12 743, 752 (5th Cir. 2001); Garrett v. Tandy Corp., 295 F.3d 94 , 102 (1st Cir. 2002). 13 Courts have de…
- Keys, No. 2:24-cv-00500 (E.D. Wis. Oct. 28, 2025).Section 1981 To prevail on a § 1981 claim, a plaintiff must show that: “(1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of th…
- Boyd v. City of Kenosha, No. 2:24-cv-00919 (E.D. Wis. Sept. 2, 2025).Boyd’s Section 1981 Claim To allege discrimination under 42 U.S.C. § 1981 , a plaintiff must claim that: “(1) they are [a] member of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discr…
- Haller v. Hobby Lobby Stores, Inc., No. 1:24-cv-00293 (N.D. Ind. Apr. 14, 2025).Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996).
- Johnson, Devonere v. Willy Street Co-op North, No. 3:22-cv-00081 (W.D. Wis. Mar. 27, 2025).(attempting to buy office supplies)
- Thomas v. U-haul Co., No. 1:23-cv-21469 (D.N.J. Oct. 15, 2024).(granting summary judgment for defendants on a § 1981 claim because the plaintiffs alleged “prospective contractual relations” were “speculative and insufficient to state a claim under § 1981,” where plaintiffs were exam…)
Show 46 more citing cases
- Sheikh v. Jung, No. 1:23-cv-03315 (N.D. Ill. Sept. 24, 2024). Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Bonds v. Hollywood Casino & Hotel, No. 1:22-cv-02279 (S.D. Ind. Aug. 29, 2024). Morris v. Office Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996).
- Burns v. Seaworld Parks & Ent., Inc., 675 F. Supp. 3d 532 (E.D. Pa. 2023).publishedImpairment of a Contractual Right SeaWorld next argues that Plaintiffs fail to state a Section 1981 claim because they were not entitled to interactions with the character performers who allegedly ignored them, and they therefore have not…
- Hatch v. Barrett, No. 2:20-cv-01791 (E.D. Wis. Nov. 23, 2022).Hatch, 2022 U.S. App. LEXIS 8014 , at *6 (citing Morris v. Office Max, Inc., 89 F.3d 411, 413, 415 (7th Cir. 1996)).
- N. v. Home Depot Inc, No. 2:21-cv-00242 (N.D. Ind. Oct. 14, 2022). Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996).
- Lois Christian Amber Edens v. Wal-Mart Stores, Inc., 252 F.3d 862 (6th Cir. 2001).published
- Shahid Shaikh v. City of Chicago, 341 F.3d 627 (7th Cir. 2003).published
- Jean Denny Seandria Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427 (4th Cir. 2006).published
- Gregory v. Dillard's, Inc., 494 F.3d 694 (8th Cir. 2007).published
- Sterling v. Kazmierczak, 983 F. Supp. 1186 (N.D. Ill. 1997).published
- Newman v. Borders, Inc., 530 F. Supp. 2d 346 (D.D.C. 2008).published
- Benton v. Cousins Props., Inc., 230 F. Supp. 2d 1351 (N.D. Ga. 2002).published
- Brooks v. Collis Foods, Inc., 365 F. Supp. 2d 1342 (N.D. Ga. 2005).published
- Hampton v. Dillard Dep't Stores, Inc., 18 F. Supp. 2d 1256 (D. Kan. 1998).published
- Stevens v. Steak N Shake, Inc., 35 F. Supp. 2d 882 (M.D. Fla. 1998).published
- Baltimore-Clark v. Kinko's Inc., 270 F. Supp. 2d 695 (D. Md. 2003).published
- Allen v. U.S. Bancorp, 264 F. Supp. 2d 945 (D. Or. 2003).published
- Denny v. Elizabeth Arden, No. 05-1228 (4th Cir. Aug. 9, 2006).published
- Cavalier v. Speedway, LLC, No. 1:20-cv-03883, 2022 WL 900195 (N.D. Ill. Mar. 28, 2022).
- Bowes-N. v. Sedgwick Claims Mgmt. Servs. Inc., No. 2:21-cv-00329 (N.D. Ind. Apr. 22, 2022).
- Johnson, Devonere v. Willy Street Co-op North, No. 3:22-cv-00081 (W.D. Wis. Mar. 21, 2022).
- Bellows v. Amoco Oil Co, TX, 118 F.3d 268 (5th Cir. 1997).published
- Deborah Morris v. Dillard Dep't Stores, Inc, 277 F.3d 743 (5th Cir. 2001).published
- Garrett v. Tandy Corp., 295 F.3d 94 (1st Cir. 2002).published
- Kenner Jackson v. Kathy Biedenharn, 429 F. App'x 369 (5th Cir. 2011).unpublished
- Ellis Bagley, Jr. v. Ameritech Corp., 220 F.3d 518 (7th Cir. 2000).published
- Kyra Kyles v. J.K. Guardian Sec. Servs., Inc., 222 F.3d 289 (7th Cir. 2000).published
- Ronald D. Smart v. Int'l Bhd. of Elec. Workers, Local 702, 315 F.3d 721 (7th Cir. 2003).published
- Rodney Green Charlan Green v. Dillard's, Inc., 483 F.3d 533 (8th Cir. 2007).published
- Kirt v. Fashion Bug 3253, Inc., 495 F. Supp. 2d 957 (N.D. Iowa 2007).published
- Ortiz-rosario v. Toys" R" US Puerto Rico, Inc., 585 F. Supp. 2d 216 (D.P.R. 2008).published
- Bentley v. United Refining Co. of Pennsylvania, 206 F. Supp. 2d 402 (W.D.N.Y. 2002).published
- Bishop v. Toys\ R\" Us-ny LLC", 414 F. Supp. 2d 385 (S.D.N.Y. 2006).published
- Miales v. McDonald's Restaurants of Colorado, Inc., 438 F. Supp. 2d 1297 (D. Colo. 2006).published
- MacArthur v. San Juan Cnty., 416 F. Supp. 2d 1098 (D. Utah 2005).published
- Bagley v. Lumbermens Mut. Cas. Co., 100 F. Supp. 2d 879 (N.D. Ill. 2000).published
- Wilson v. Pepsi Bottling Grp., Inc., 609 F. Supp. 2d 1350 (N.D. Ga. 2009).published
- Green v. Dillard's, Inc., 422 F. Supp. 2d 1047 (W.D. Mo. 2006).published
- Rodney Green v. Dillard's, No. 06-1918 (8th Cir. Apr. 5, 2007).published
- Berry v. Target Corp., 214 F. Supp. 3d 530 (E.D. Va. 2016).published
- Guerrero v. Ollie's Bargain Outlet, Inc., No. 1:21-cv-01960 (D. Md. Apr. 1, 2022).
- Brown v. Whole Foods Mkt. Grp., Inc., No. 3:20-cv-00401 (W.D.N.C. Mar. 25, 2022).
- Clark v. Safeway Inc., 478 F. Supp. 3d 1080 (D. Or. 2020).published
- Rumble v. Doe, No. 1:19-cv-01212 (E.D. Va. Mar. 3, 2020).
- Touray v. Burlington Coat Factory Warehouse Corp., No. 3:21-cv-05407, 2021 WL 6051146 (W.D. Wash. Dec. 21, 2021).
- LeSure v. Walmart Inc, No. 2:21-cv-00472, 2022 WL 3647908 (E.D. Wis. Aug. 24, 2022).
At page 415 Failure to show impairment of property rights under statute9 citing casesholding no actionable interference although store's conduct was "undoubtedly disconcerting and humiliating
- Shed v. Bredemann, No. 1:21-cv-05523 (N.D. Ill. Apr. 25, 2023). See Morris v. Office Max, Inc., 89 F.3d 411, 414 (7th Cir. 1996) (“They cannot point to specific facts showing that Office Max deprived them of any of the enumerated rights in § 1981 and, specifically, the right to make and enforce a contr…
- Hampton v. Dillard Dep't Stores, Inc., 247 F.3d 1091 (10th Cir. 2001).published See Phelps, 886 F.2d at 1267 (emphasizing that actual loss is protected by § 1981, not possible loss); Morris, 89 F.3d at 414-15 ("A claim for interference with the right to make and enforce a contract must allege the actual loss of a cont…
- Gregory v. Dillard's, Inc., 565 F.3d 464 (8th Cir. 2009).published
- Gregory v. Dillard's, Inc., 494 F.3d 694 (8th Cir. 2007).published
- Crystal Gregory v. Dillard's, No. 05-3910 (8th Cir. May 12, 2009).published
- Waller v. Escamilla, No. 4:22-cv-01156 (S.D. Tex. July 6, 2022).
- Johnson, Devonere v. Willy Street Co-op North, No. 3:22-cv-00081 (W.D. Wis. Mar. 21, 2022).
- Johnson v. Kroger Co., No. 2:18-cv-01240 (S.D. Ohio July 17, 2020).
At page 436 [T]his was a third-party beneficiary contract.1 citing case
- Shumate v. Twin Tier Hosp., LLC, 655 F. Supp. 2d 521 (M.D. Pa. 2009).published ([T]his was a third-party beneficiary contract.)
At page 513 cited at this page1 citing case
- Futrell-Smith v. Brinker Int'l, No. 25-1324 (10th Cir. Sept. 2, 2026).unpublishedA prima facie § 1981 claim requires a plaintiff to show that “(1) the plaintiff is a member of a protected class, (2) the defendant had the intent to discriminate on the basis of race, and (3) that the discrimination interfered with a prot…
v.
OFFICE MAX, INC., Defendant-Appellee
Within minutes of entering an Office Max store to purchase office supplies, Darryl Morris and Leggitt Nailor were approached by police officers who had been summoned by the store’s assistant manager to investigate two black males purportedly acting suspiciously. The only two black men in the store at the time, Morris and Nailor, showed identification and answered questions posed by the officers, who then apologized and left. As a result of the incident, this case was filed, in which it is alleged that the only reason Office Max called the police was that Morris and Nailor are African-Americans. The men claim that the store’s actions interfered with their right to “make and enforce” a contract in violation of 42 U.S.C. § 1981 and impaired their ability to purchase personal property in violation of 42 U.S.C. § 1982. The district court granted summary judgment for Office Max, and this appeal followed.
The undisputed facts reveal that at 8:48 p.m. on October 24, 1994, just minutes before[*412] the 9 o’clock closing time, Morris and Nailor entered the Office Max store in the Orland Towne Center in Orland Hills, Illinois. Both men had shopped at the store before. Morris, in fact, had shopped at various Office Max stores approximately 35 times. This time, they had come to the store to purchase telephone message pads.
They state that despite the fact that they were conservatively dressed [1] — presumably like most Office Max customers — their entrance drew the attention of store personnel. At 8:49 p.m., the assistant store manager, Kathleen Donley, telephoned the Orland Hills Police Department to report “two male blacks acting suspiciously.” The police department immediately dispatched two police officers (they were actually in the area at the time) to the store. According to her deposition testimony, Donley observed that the front door was propped open after the men entered the store and that they were not walking together. She said that the men vaguely matched the description of individuals who reportedly passed a bad check and stole a laptop computer from another store. Donley claimed that whenever she noticed patrons acting suspiciously, she customarily asked police to walk through the store to deter problems.
In the meantime, Morris was looking for telephone message pads. A store clerk directed him to the proper location, and Morris picked up several pads. While Morris was paying for the items, Nailor continued to walk around the store. After making his purchases, Morris rejoined Nailor, and the two began to examine time-stamp machines.
By this time, two uniformed police officers arrived at the store. Donley directed the officers toward the two men. When the officers approached, Nailor asked if there was a problem. One of the officers responded that they had received a report that two black men were loitering in the store. Morris told the officers that he and Nailor were the only two black persons in the store and that they were not loitering. According to Morris’ deposition testimony, one of the officers said that the store had “been having a problem with black people coming in near closing and taking computers out and other supplies.” In response to the officers’ questions, the men produced their drivers licenses. Morris recalled that one of the officers then apologized, stating that “it was not our fault ... management called us and we didn’t know what to expect.” According to Nailor’s deposition testimony, one of the officers said, “[G]uys, unfortunately you are guilty by association.” As the officers left the store, Morris overheard one of them tell Donley that “these two are okay.”
Morris complained to Donley that she had called the police only because he and Nailor were African-American. Donley responded that she had asked the police to come to the store because the store had been experiencing thefts by customers entering the store at night shortly before closing.
Morris and Nailor filed this action in November 1994, alleging that Office Max denied them “the freedom to buy whatever a white man can buy.” They alleged that Office Max discriminated against them on the basis of race in violation of 42 U.S.C. §§ 1981 and 1982 and that as a result of Office Max’s wrongful acts, they were subjected to badges and incidents of slavery, embarrassed, humiliated, and subjected to severe emotional distress.
The district court granted Office Max’s motion for summary judgment in September 1995. The court found that the plaintiffs failed to produce any evidence to suggest that Office Max interfered with their right to make further purchases or to enter into a retail contract.
We review a grant of summary judgment de novo, drawing all reasonable inferences in favor of the nonmoving party. Bratton v. Roadway Package System, Inc., 77 F.3d 168, 173 (7th Cir.1996). Summary judgment is appropriate only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.[*413] Federal Rule of Civil Procedure 56. Where the party opposing a motion for summary judgment bears the burden of proof on an issue at trial, that party must go beyond the pleadings and affirmatively establish a genuine issue of material fact. Bratton, 77 F.3d at 173.
In this ease, although Morris and Nailor say that the ease should be remanded for trial, thus implicitly arguing that there are disputed issues of material fact precluding the grant of summary judgment, their real argument is about, as they phrase it, “whether there is a federal remedy under either 42 U.S.C. Section 1981 or 42 U.S.C. Section 1982 when a store summons the police to ‘check out’ patrons simply because the patrons are African-American_” Specifically, they claim on appeal that the district court erred in granting summary judgment because (1) §§ 1981 and 1982 provide federal remedies for patrons who have been discriminated against on the basis of race while making a prospective purchase in a retail setting, and (2) a triable issue exists whether Office Max’s actions deprived them of their property interest in prospective contractual relations.
Section 1981 addresses racial discrimination in contractual relationships. As amended by the Civil Rights Act of 1991, the statute reads in relevant part:
(a) All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens....
(b) For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
42 U.S.C. § 1981(a)-(c).
Litigation involving § 1981 most commonly involves the right to make and enforce contracts of employment. Rivers v. Roadway Express, Inc., 511 U.S. 298, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994). Claims involving retail transactions have been infrequent. Patrons have, however, brought suits under § 1981 for refusal of service, see Washington v. Duty Free Shoppers, Ltd., 710 F.Supp. 1288 (N.D.Cal.1988); Shen v. A & P Food Stores, No. 93 CV 1184(FB), 1995 WL 728416 (E.D.N.Y. Nov. 21, 1995); for removal from the store, Flowers v. The TJX Companies, No. 91-CV-1339, 1994 WL 382515 (N.D.N.Y. July 15, 1994); and for a store practice of recording the race of all customers paying by check, Roberts v. Walmart Stores, Inc., 769 F.Supp. 1086 (E.D.Mo.1991).
Section 1982 deals with discrimination in property transactions. It states:
All citizens of the United States shall have the same right, in every State, and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
42 U.S.C. § 1982. Section 1982 was enacted to enable Congress to enforce the Thirteenth Amendment and, particularly, to prohibit all racial discrimination, private and public, in the sale and rental of property. Jones v. Alfred H. Mayer Co., 392 U.S. 409, 437, 88 S.Ct. 2186, 2202, 20 L.Ed.2d 1189 (1968).
Both §§ 1981 and 1982 derive their operative language from the first section of the Civil Rights Act of 1866. Because of their common origin and purpose, § 1981 and § 1982 are generally construed in tandem. See Tillman v. Wheaton-Haven Recreation Ass'n Inc., 410 U.S. 431, 440, 93 S.Ct. 1090, 1095, 35 L.Ed.2d 403 (1973); Southend Neighborhood Improvement Ass’n v. County of St. Clair, 743 F.2d 1207, 1210-11 (7th Cir.1984).
To establish á claim under § 1981, the plaintiffs must show that (1) they are members of a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activities enumerated in the statute (i.e., the making and enforcing of a contract). See Green v. State Bar of Texas, 27 F.3d 1083, 1086 (5th Cir.1994); Mian v. Donaldson, Lufkin & Jen- [*414] rette Securities Corp., 7 F.3d 1085, 1087 (2d Cir.1993).
Morris and Naior cannot establish the third element, nor can they raise a genuine issue of material fact which would preclude the grant of summary judgment. They cannot point to specific facts showing that Office Max deprived them of any of the enumerated rights in § 1981 and, specifically, the right to make and enforce a contract. They were denied neither admittance nor service, nor were they asked to leave the store. See Robertson v. Burger King, Inc., 848 F.Supp. 78, 81 (E.D.La.1994) (dismissing claim where "plaintiff was not denied admittance or service"); Stearnes v. Baur's Opera House, Inc., 788 F.Supp. 375, 378 (C.D.Ill.1992) (granting summary judgment against black patron of dance bar who failed to provide any evidence that the manager "refased Plaintiff admittance to the bar or service while he was there"); cf. Watson v. Fraternal Order of Eagles, 915 F.2d 235, 243 (6th Cir.1990) (allegations by black guests at party held in fraternal ëlub that club asked them to leave in order to avoid having to sell them soft drinks stated actionable claim under § 1981).
In fact, the men concede that Office Max did not refuse them admittance or service. They press another argument, however-namely, that Office Max deprived them of their right to purchase merchandise by interfering with their "prospective contractual relations." They focus on one particular prospective contract-a purchase of time stamps that they were examining when confronted by the police. They do not assert, however, that Office Max refused to sell them the items; rather, they contend that by summoning the police to "check out" African-American patrons like themselves, the store discouraged and dissuaded them from making the purchase.
As an initial matter, they have adduced little evidence concerning a prospective purchase of time stamps. Although they assert that the encounter with the police caused them to "los[e] interest" in the time stamps, they produced no evidence to suggest that they had anything more than a general interest in that merchandise. The only evidence of even a general interest is the following from Nailor's deposition:
Q: When did you have the conversation about the time stamp?
A: Probably a few days before [the incident at Office Max].
A: I was showing [the time stamps] to [Morris]. And we were discussing the advantages and disadvantages of about three or four models there.
Moreover, the men failed to demonstrate that they would have attempted to purchase the time stamps even if they had not been approached by the police. The situation is similar to that in Jackson v. Tyler's Dad's Place, Inc., 850 F.Supp. 53 (D.D.C.1994). There, two African-American plaintiffs claimed that they were refused tables at a restaurant based on their race. When they entered the restaurant, they were told that the dining room was fully reserved, but that they were welcome to eat at the bar. They declined and left. They then called the restaurant, and this time were informed that tables were available. They returned to the restaurant and complained about being turned away earlier, but they did not attempt to sit and order. The court rejected the claim of race discrimination and granted summary judgment in favor of the restaurant: because plaintiffs "never asked to be seated during the second visit," they "never sought to enter a contractual relationship on that occasion." Id. at 56 n. 6; see also White v. Denny's Inc., 918 F.Supp. 1418, 1425 (D.Co.1996); Bray v. RHT, Inc., 748 F.Supp. 3, 5 (D.D.C.1990), aff'd, 976 F.2d 45 (D.C.Cir.1992).
Similarly, because they did not attempt to make any further purchases, Morris and Nai-br never sought to enter into a contractual relationship with Office Max. Their allegation that Office Max interfered with their "prospective contractual relations" is speculative and insufficient to state a claim under § 1981. A claim for interference with the right to make and enforce a contract must allege the actual loss of a contract interest, not merely the possible loss of future con[*415] tract opportunities. See Phelps v. Wichita Eagle-Beacon, 886 F.2d 1262 (10th Cir.1989).
The § 1982 claim fails for similar reasons. Morris and Nailor cannot show that Office Max’s conduct impaired their ability to exercise property rights — even assuming that an implicit retail contract is a property right. The statute protects the ability of citizens to “inherit, purchase, lease, sell, hold, and convey ... personal property.” For the reasons discussed above, the men cannot demonstrate that they were denied the right to purchase personal property. Although the incident understandably may have discouraged them from patronizing the store, nothing that the police or Office Max personnel did actually impaired or interfered with their right to make a purchase.
While the incident that Morris and Nailor experienced was unfortunate and undoubtedly disconcerting and humiliating, it does not constitute a violation of the statutes. We therefore affirm the district court’s grant of summary judgment in favor of Office Max.
. We will avoid being sidetracked by a lengthy discussion of whether it is wise or enlightened for a store to treat customers differently based on the way they are dressed. Were we so sidetracked, we might wonder what Morris and Nai-lor are really arguing. Would what Office Max did be more acceptable if they were wearing purple hats or pink leisure suits?