Opinion
Civil Action No. 3:02-CV-1375-N.
April 30, 2004
ORDER
Before the Court is Defendants Flying J Inc., McCrumbly, and Erin's motion for summary judgment. Plaintiff Rogers, pro se, has not responded. Because the Court finds there is no genuine issue of material fact and that Defendants are entitled to judgment as a matter of law, that motion is granted.
The summary judgment record establishes the following factual background. Flying J is a convenience store that sells gasoline. Rodgers purchased gasoline on May 3, 2002, using his debit card. The pump display instructed him to enter the store to obtain his receipt. There was already a crowd at the register. This resulted in Rodgers having a dispute with store personnel. After managers intervened, Rodgers left without further incident.
Rodgers brought this action against Flying J and its employees alleging race discrimination under 42 U.S.C. § 1981, 2000(a), intentional infliction of emotional distress, abuse of authority, verbal abuse, and public embarrassment. Rodgers was not prevented from making or enforcing a contract, so Defendants are entitled to summary judgment on Rodgers' section 1981 and 2000(a) claims. The conduct at issue was not extreme or outrageous, so Defendants are entitled to summary judgment on Rodgers' intentional infliction of emotional distress claim. Finally, under Texas law there are no causes of action for abuse of authority, verbal abuse, or public embarrassment, so Defendants are entitled to summary judgment on those claims.