BISHOP v. TOYS "R" US-NY LLC

No. 04 Civ. 9403(PKC).

414 F.Supp.2d 385 (2006)

Samaad BISHOP, Plaintiff, v. TOYS "R" US-NY LLC, Metro One Loss Prevention Group (Guard Division NY), Inc., Michael McDaniel, in his Individual and Official Capacity as Security Guard, Gregory D. House, in his Individual and Official Capacity as Sales and Service Manager, and Jose Nieves, in his Individual and Official Capacity as Store Director, Defendants.

United States District Court, S.D. New York.

February 8, 2006.


Attorney(s) appearing for the Case

Samaad Bishop, Bronx, NY, pro se.

Peter Prisco, McAndrew, Conboy & Prisco LLP, Woodbury, NY, for Toys R Us-Delaware, Inc.

Mark Andrew Healy, Jeanine Marie Davanzo, Morris, Duffy, Alonso & Faley, LLP, New York, NY, for Metro One Loss Prevention Group, Michael McDaniel.


MEMORANDUM AND ORDER

CASTEL, District Judge.

Plaintiff alleges that, on July 3, 2004, after purchasing a doll set for his daughter at a Toys "R" Us store in the Bronx, a store security guard demanded that he present a receipt before exiting the store. He declined to do so, and was then allegedly detained and assaulted by store and security personnel until such time as plaintiff himself summoned the police. He presented his sales receipt to the police...

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