Indeed, Plaintiff concession that the Speedway employee mistook him for a shoplifter, an allegation corroborated by the exhibits to the Complaint (which Plaintiff incorporates by reference), belies any such inference of discriminatory intent. Cf. Moore v. Horseshoe Casino, No. 1:15-cv-471, 2015 WL 4743804, at *6 (N.D. Ohio Aug. 11, 2015) (dismissing § 1981 claim under § 1915(e), explaining that "[w]hile being asked to leave the Casino was understandably embarrassing for the [p]laintiff, he does not allege facts to reasonably suggest the actions of the security personnel were racially motivated").
There are no facts in the Complaint to suggest that in this case, the [defendant] could be sued as a government entity under § 1983.Moore v. Horseshoe Casino, No. 1:15 CV 471, 2015 WL 4743804, at *2 (N.D. Ohio Aug. 11, 2015). Likewise, plaintiff in this case has failed to allege conduct that could plausibly be characterized as state action.
There are no facts in the Complaint to suggest that in this case, the Casino could be sued as a government entity under § 1983.Moore v. Horseshoe Casino, No. 1:15 CV 471, 2015 WL 4743804, at *2 (N.D. Ohio Aug. 11, 2015). Likewise, plaintiff in this case has failed to allege conduct that could plausibly be characterized as state action.
However, "[s]ection 1981 is not a code of civility ..., but a section of the law prohibiting discrimination based on race." Moore v. Horseshoe Casino, 2015 WL 4743804, at *5 (N.D. Ohio 2015) (citing Miller v. Freedom Waffles, Inc., 2007 WL 628123, at *2-4 (W.D. Ky. 2007)). After all, there are "many circumstances where markedly hostile treatment, even in a purportedly service-oriented industry, would raise no inference of racial animus, but rather it would simply be yet another example of the decline of civility."
"Section 1981 is not a code of civility for the restaurant or casino industry, but a section of the law prohibiting discrimination based on race." Moore v. Horseshoe Casino, 2015 WL 4743804, at *5 (N.D. Ohio 2015) (citing Miller v. Freedom Waffles, Inc., 2007 WL 628123, at *2-4 (W.D. Ky. 2007)). After all, there are "many circumstances where markedly hostile treatment, even in a purportedly service-oriented industry, would raise no inference of racial animus, but rather it would simply be yet another example of the decline of civility."