United States District Court, D. Kansas
HINA A. BAIG Plaintiff,
OFFICER CHRIS HARGIS, in his individual capacity, Defendant.
MEMORANDUM AND ORDER
CARLOS MURGUIA, District Judge.
This matter is before the court on defendant's motion to dismiss for failure to state a claim (Doc. 7) and plaintiff's motion to stay proceedings (Doc. 13). Plaintiff brings this case pursuant to 42 U.S.C. § 1983, alleging that defendant violated her Fourth Amendment rights when he arrested and detained her. For the reasons stated below, the court grants defendant's motion in part and denies it as moot in part.
On June 26, 2013, plaintiff went to the Town Center Plaza Macy's store in Leawood, Kansas, to return some cosmetics she had previously purchased. Plaintiff, an Asian-American, was wearing a salmon/pink top with gray dots, gray dress slacks, and leather sandals. Plaintiff wore her black hair down and carried a large brown purse. Meanwhile, a Macy's Loss Prevention Officer ("LPO") called the Leawood Police Department ("LPD") to report suspicious activity by three suspects in the store, including two females and one male. One of the female suspects was described as being possibly Asian; carrying a plaid burgundy and/or Burberry purse; wearing a peach-colored shirt, jean shorts, and flip-flops; having black hair pulled into a ponytail; and wearing sunglasses on top of her head.
Shortly after plaintiff exited the store, defendant placed her under arrest. After determining that all three suspects were still in the store and that plaintiff was not involved, defendant released plaintiff. Plaintiff alleges that defendant's actions caused her to experience fear and apprehension, humiliation, embarrassment, mental distress, insult, inconvenience, anxiety, and emotional pain and suffering. In addition, plaintiff alleges that defendant acted with an evil motive or intent and that she is entitled to punitive or exemplary damages.
A more detailed recitation of the facts as alleged in plaintiff's complaint includes the following events:
6:08:09 p.m. An LPO, identified as "Antwan, " called the LPD to report suspicious activity.
6:08:13 p.m. An LPD dispatcher ("the dispatcher") told LPD officers that there were three subjects in the store, a male and two females, and that the male was taking tags off items for the two females.
6:08:37 p.m. Defendant was dispatched to Macy's, along with several other officers.
6:08:55 p.m. The dispatcher stated that a male was taking tags off of items for two females.
6:09:38 p.m. The dispatcher described one of the female suspects as wearing a peach-colored shirt, shorts, and flip-flops.
6:12:05 p.m. The dispatcher described this same female suspect as carrying a plaid burgundy purse.
6:15:51 p.m. Defendant reported his arrival on the scene.
6:19:21 p.m. The dispatcher reported that the "other female is possibly Asian, " and that her hair is pinned up in the back.'" (Doc. 1 at ¶ 27.)
6:19:24 p.m. The dispatcher stated that the Asian female was wearing jean shorts and stated at 6:19:38 p.m. that she had sunglasses on the top of her head.
6:20:01 p.m. The dispatcher reported that the male took off another sensor, handed it to the Asian female at 6:20:13 p.m., and at 6:20:21 p.m. the Asian female hid the sensor in a pair of pants.
6:20:43 p.m. The dispatcher stated that the Asian female was carrying a plaid Burberry purse.
6:24:13 p.m. The dispatcher radioed that the Asian female was going into a fitting room and at 6:28:43 p.m. the dispatcher stated that the LPO planned to wait until the females left the ...