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Bagley v. Ameritech

Where a sales clerk refused to serve a black customer and insulted him by raising his middle finger in an offensive manner, defendant retail store was not liable for denying the customer his right to complete a contract or purchase a telephone because the customer left the store before another sales clerk could complete the sale.

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The full case caption appears at the end of this opinion.

EVANS, Circuit Judge. When the assistant sales manager of an Ameritech retail store told Ellis Bagley, Jr. that she would not serve him, Bagley concluded that no one at the store would sell him a telephone, so he walked out and then filed this race discrimination suit under 42 U.S.C. sec.sec. 1981 and 1982. The district court dismissed the case on summary judgment, finding that Bagley, a black man, never really tried to enter into a contract and thus could not have been denied of his rights to contract or purchase personal property. Bagley appeals this decision. Our review starts with the facts, and as the dismissal came on summary judgment, we present them in the light most favorable to Bagley.

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