Barfield v. Commerce Bank, N.A.

484 F.3d 1276 (10th Cir. 2007)

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Nature of the Case

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Facts

Chris Barfield (P), an African-American, entered D and requested change for a $ 50 bill. He was refused change on the ground that he was not an account-holder. Chris Barfield's (P) father, James Barfield (P), asked a white friend, John Polson, to make the same request from the bank. Polson was given change, and the teller never asked whether he held an account with the bank. A few minutes later, James Barfield (P) entered the bank, asked for change for a $ 100 bill, and was told that he would not be given change unless he was an account-holder. Further shills entered the bank and the African-American man was asked whether he was an account holder, and the white man was not. Ps filed suit under 42 U.S.C. § 1981, alleging racial discrimination in the impairment of the ability to contract. D moved to dismiss for failure to state a claim. Ps moved for class certification and to amend their complaint to include a claim under Title VI of the Civil Rights Act of 1964. The judge denied both Ps' motions and granted D's motion to dismiss. Ps appealed.