COME NOW plaintiffs, Paula Darlene Hampton and Demetria Cooper, by and through their attorneys, and state the following for their causes of action against defendant, Dillard Department Stores, Inc.:

Plaintiffs demand a jury trial on all issues raised herein.

A. PARTIES

1. Paula Darlene Hampton ("Hampton") is a citizen of the United States, residing at 12614 Slater, Overland Park, Kansas, 66213.

2. Demetria Cooper ("Cooper") is a citizen of the United States, residing at 4229 Wabash, Kansas City, Missouri, 64130.

3. Defendant Dillard Department Store, Inc. ("Dillard") is a corporation organized under the laws of the State of Arkansas. It transacts business within the State of Kansas, and in particular within Johnson County.

4. Jurisdiction over this claim is provided this Court under 28 U.S.C. §§ 1343, 1331 and 1332. Further, this Court has jurisdiction under 28 U.S.C. § 1367 to hear plaintiffs’ state law claims of false imprisonment and defamation in that all claims made herein are so related to each other that they form part of the same case or controversy under Article III of the United States Constitution.

5. The Court has jurisdiction over defendant because the unlawful acts alleged in this Complaint were committed in Johnson County, Kansas, which lies within the District of Kansas. In addition, defendant has minimum contacts with the District of Kansas and the State of Kansas.

6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, because a substantial part of the events or omissions giving rise to plaintiffs’ claims occurred in Johnson County, Kansas, which lies within the District of Kansas, and because defendant transacts business within the District of Kansas.

C. FACTUAL ALLEGATIONS

7. On April 5, 1996, at approximately noon, plaintiffs, African-American females, were shopping at The Dillard Department Store located in the Oak Park Mall of Overland Park, Kansas.

8. Plaintiffs were accompanied by eight (8) month old Isabella Hampton, seven (7) year old Jessica Marie Hampton, seven (7) year old Jessica Menghini, and twelve (12) month, Omari Collins.

9. After making several purchases in the children’s department, plaintiffs and their children went to the cosmetics counter to redeem a coupon for free cologne.

10. While at the cosmetics counter, plaintiffs and their children were detained by Tom Wilson, a defendant Dillard security guard, who accused plaintiff Cooper of stealing something and placing it underneath her coat.

11. While detaining plaintiffs further, Wilson took plaintiffs’ shopping bag, telling them that he needed to look inside it.

12. Without being granted permission, Wilson searched plaintiffs’ bag, emptying out all the items from the bag and laying them out on the counter.

13. In his search of plaintiffs’ bag, Wilson found a receipt to which he compared the items and determined that defendant Dillard had been paid for all store items. During this search, plaintiffs were detained for approximately five (5) minutes.

14. Defendant Dillard employees as well as numerous other shoppers and passers by in the mall were present and witnessed Wilson detain plaintiffs, accuse them of shoplifting, and search their shopping bag.

15. Neither Wilson nor any other employee or representative of defendant Dillard ever apologized for the actions taken against plaintiffs and their children.

16. Neither Wilson nor defendant Dillard acknowledged the fact that all the items in the bag in fact had been purchased and that none of the items had been stolen.

17. Without a word, Wilson merely shoved the items and the then empty bag back at plaintiffs.

18. At no time did Wilson or any other defendant Dillard employee or agent accuse plaintiff Hampton of stealing any merchandise from defendant Dillard.

19. When plaintiff Hampton expressed concern about Wilson’s accusations and actions, Wilson denied making the accusation referred to in paragraph 10, above, ordered them to leave the Dillard Store, and then threatened to call the police and have plaintiffs and their children forcibly removed from the premises.

20. Plaintiffs then went to the Customer Service Department in the Dillard Store and filed a complaint.

21. Plaintiffs also filed a complaint with the Overland Park Police Department.

22. While plaintiffs were filing their complaints, Jessica Menghini’s mother had to come to the store to pick up her daughter.

23. On information and belief, defendant’s actions were racially motivated, based upon racial stereotypes and/or part of a pattern or practice by defendant Dillard of race discrimination in the arrest and/or detention of African-American shoppers.

24. Plaintiffs hereby adopt, reallege, and incorporate by reference the allegations contained in paragraphs 1 through 24 above.

25. Defendant Dillard, acting through its employees and agents, and especially through Wilson, detained plaintiffs, without a factual basis, for an unreasonable time and in an unreasonable manner, because of their race. Defendant would not have treated and does not treat white customers in the same manner.

26. On information and belief, defendant Dillard has engaged in a pattern or practice of arresting or detaining African-American shoppers at a significantly greater rate than it arrests or detains white shoppers. Plaintiffs’ detention was a part of this pattern or practice.

27. Defendant therefore deprived plaintiffs of the full and equal benefit of all laws and proceedings for the security of person and property as are enjoyed by white citizens, in violation of 42 U.S.C.§ 1981.

28. Plaintiffs have been damaged as a direct and proximate result of defendant’s actions. In particular, they have suffered injuries including but not limited to:

29. Defendant’s actions were willful, wanton, reckless, and malicious, and further show a complete and deliberate indifference to, and conscious disregard for rights of plaintiffs. Therefore, plaintiffs are entitled to an award of punitive or exemplary damages in an amount sufficient to punish defendant or to deter defendant and other companies from like conduct in the future.

30. Plaintiffs are entitled to recover from defendant reasonable attorneys’ fees, as provided by 42 U.S.C. § 1988.

WHEREFORE, plaintiffs pray this Court, after a trial by jury of their claims, enter judgment against defendant for plaintiffs’ actual damages, nominal damages, and exemplary or punitive damages as are proven at trial, for their reasonable attorney fees and costs incurred herein, and for any such further legal and equitable relief as this Court deems appropriate.

31. Plaintiffs hereby adopt, reallege, and incorporate by reference the allegations contained in paragraphs 1 through 23 above.

32. Defendant Dillard, acting through its agents and employees, especially Wilson intentionally and recklessly detained plaintiffs against their will.

33. Defendant had no reasonable cause to believe that plaintiff Hampton had wrongfully taken merchandise from its store on April 5, 1995.

34. Defendant had no reasonable cause to believe that plaintiff Cooper had wrongfully taken merchandise from its store on April 5, 1995.

35. Defendant had no other legal excuse for its actions.

36. Plaintiffs have been damaged as a direct and proximate result of defendant Dillard’s actions. In particular, they have suffered injuries including but not limited to:

37. Defendant Dillard’s actions were willful, wanton, reckless, and malicious, and further show a complete and deliberate indifference to, and conscious disregard for, rights of plaintiffs. Therefore, plaintiffs are entitled to an award of punitive or exemplary damages in an amount sufficient to punish defendant or to deter defendant and other companies from like conduct in the future.

WHEREFORE, plaintiffs pray this Court, after a trial by jury of their claims, enter a judgment against defendant for plaintiffs’ actual damages, nominal damages, and punitive or exemplary damages as are fair and reasonable, for costs incurred herein, and for any such further legal and equitable relief as this Court deems appropriate.

38. Plaintiffs hereby adopt, reallege, and incorporate by reference the allegations contained in paragraphs 1 through 23 above.

39. By openly accusing plaintiffs and searching their bag, defendant Dillard, acting through its agents and employees, and especially through Wilson, communicated to third party bystanders in the Dillard Store that plaintiffs had committed a criminal act.

40. The accusations of theft made by defendant concerning plaintiffs are defamatory per se.

41. Plaintiffs have been damaged as a direct and proximate result of defendant’s actions. In particular, they have suffered injuries including but not limited to:

42. Defendant’s actions were willful, wanton, reckless, and malicious, and further show a complete and deliberate indifference to, and conscious disregard for, rights of plaintiffs. Therefore, plaintiffs are entitled to an award of punitive or exemplary damages in an amount sufficient to punish defendant or to deter defendant and other companies from like conduct in the future.

WHEREFORE, plaintiffs pray this Court, after a trial by jury of their claims, enter judgment against defendant for plaintiffs’ actual damages, nominal damages, and punitive or exemplary damages as are proven at trial, for costs incurred herein, and for any such further legal and equitable relief as this Court deems appropriate.