Professional Documents
Culture Documents
MARGIE KUEHN,
Defendant.
COMPLAINT
Complaint against defendant J.C. Penney Company, Inc. (JCP) for injunctive relief, attorneys
fees and costs pursuant to 42 U.S.C. 12181 et. seq. (ADA), as well as for monetary and
punitive damages for negligence and intentional infliction of emotional distress, and in support
1. This is an action for declaratory and injunctive relief pursuant to Title III of the
Americans with Disabilities Act. This Court is vested with original jurisdiction pursuant to 28
the owner, lessee and/or operator of JCPenney Salon, Westfield Trumbull, 5065 Main Street,
7. All events giving rise to this lawsuit occurred in the District of Connecticut,
RELEVANT FACTS
8. Plaintiff visited the Property on or about August 17, 2017, to have her hair
washed and blow-dried. During this visit, JCP notified Plaintiff that because of her disability,
9. Shortly after arriving at the Property, Plaintiff was tilted back in her wheelchair
and had her hair washed. After Plaintiffs hair was washed, but while her wheelchair was still
tiled back, the salons manager, Daniel, came to where Plaintiff was located. Daniel, who was
agitated and hostile with Plaintiff, told Plaintiff that her nurse, referring to Plaintiffs caretaker,
who is not a nurse, would have to lift her into a normal shampoo chair. Daniel then told
Plaintiff twice that Plaintiffs hair could be washed normally. Daniel then asked Plaintiffs
caretaker, if Plaintiff who is not mentally disabled could understand what he was saying.
10. At this point Plaintiffs wheelchair was finally returned to the sitting position, and
Daniel, who remained angered, proceeded to tell Plaintiff that she could not remain in her
wheelchair to get her hair washed because the sink, which is supposedly wheelchair accessible,
11. After Plaintiff left the Property, Daniel approached her as she was waiting alone
to be placed in her van. During this exchange Daniel stated three ways he would permit Plaintiff
2
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 3 of 8
to continue to use the salon (i) he and another strong male would lift her into a normal chair
on the condition that Plaintiff would agree to not sue them for any harm they caused to her, (ii)
Plaintiff could wash her hair at home and then come to the Property to have it dried, and (iii) he
would send Plaintiffs hair stylist to her home for double the usually cost nearly $100. All
three of Daniels options were unfeasible and upsetting to Plaintiff who struggles with her
12. Plaintiff has been distraught since the events at the Property on or about August
17, 2017, and breaks into tears when she thinks about how she was treated at the Property.
13. Plaintiff repeats and realleges all preceding paragraphs as if set forth fully herein.
14. Title III of the Americans with Disabilities Act prohibits discrimination on the
basis of disability by owners, operators, lessees, and lessors of places of public accommodation.
42 U.S.C. 12182(a).
15. Plaintiff is a qualified induvial with disabilities with the meaning of Title III of
the ADA.
16. The Property, a salon and retail store, is a place of public accommodation subject
to the ADA.
17. Title III prohibits public accommodations from excluding, on the basis of
disability, individuals with disabilities from participating in or benefiting from the goods,
3
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 4 of 8
18. By failing to adopt policies and practices that will prevent or reduce
discrimination against wheelchair-bound individuals at its salons, JCP violates Title III of the
ADA by excluding Plaintiff on the basis of disability from enjoying the services, privileges,
19. Under Title III, it is also unlawful for places of public accommodation to afford,
privileges, advantages, or accommodations of its salons that is not equal to that afforded other
21. Title III further prohibits places of public accommodation from providing, on the
basis of disability, an individual or class of individuals with a good, service, facility, privilege,
22. By operating a salon that unlawfully discriminates against and refuses services to
wheelchair-bound individuals, Defendant violates Title III of the ADA because it provides
Plaintiff, on the basis of disability, with services, privileges, advantages, and accommodations of
its salons that are different or separate from that provided to other individuals. 42 U.S.C.
4
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 5 of 8
23. It is a violation of Title III for public accommodations to fail to make reasonable
with disabilities, unless the entity can demonstrate that making such modifications would
fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or
24. By failing to modify practices, policies, and procedures to ensure that its agents
are properly trained and do not refuse services to wheelchair-bound individuals, Defendant is
25. Defendant is, alternatively, in violation of 42 U.S.C. 12181 et. seq. and 28
C.F.R. 36.302 et. seq. and is discriminating against the Plaintiff due to Defendants failure to
provide and/or correct, inter alia, the following architectural barrier which Plaintiff personally
encountered and which hindered her access to the Property a hair washing sink, which she was
told was inaccessible by Daniel. Removal of the barriers to access located on the Property is
readily achievable, reasonably feasible and easily accomplishable without placing an undue
burden on JCP.
26. The actions of Defendant were and are in violation of the ADA and regulations
promulgated thereunder. Defendant has failed to take any equitable steps to remedy its
discriminatory conduct, and Defendants violations of the ADA are ongoing. Defendants
unlawful actions deter Plaintiff from attempting to access JCPs salon services. Unless the Court
enjoins Defendant from continuing to engage in these unlawful practices, Plaintiff will continue
5
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 6 of 8
28. Plaintiff has been obligated to retain the undersigned counsel for the filing and
prosecution of this action. Plaintiff is entitled to have his reasonable attorneys fees, costs, and
COUNT II - NEGLIGENCE
29. Plaintiff repeats and realleges all preceding paragraphs as if set forth fully herein.
30. JCP had a duty to hire and train their employees to avoid employees that
31. JCP did not train their employees properly in the way to deal with the subject
matter of disability.
32. That the carelessness of JCP concluded with the negligent hiring of employees
33. That as a result of the negligence, carelessness, recklessness and blatant disregard
34. Plaintiff repeats and realleges all preceding paragraphs as if set forth fully herein.
35. As a result of the actions of its agents, servants, and/or employees, JCP is
responsible via the legal principles of a vicarious liability and respondeat superior.
36. Daniel was acting within the scope of his employment when he committed the
above-described misconduct.
37. Daniel intended or knew that his conduct would likely cause the Plaintiff to suffer
emotional distress.
6
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 7 of 8
39. Daniels conduct caused Plaintiffs distress, and she suffered physically and
determined at trial.
41. Plaintiff repeats and realleges all preceding paragraphs as if set forth fully herein.
42. The actions of JCP and its agents, servants, and/or employees as alleged above,
43. JCP authorized, permitted, and ratified the unlawful and grossly negligent acts of
its agents, servants and/or employees, including, but not limited to Daniel.
44. Daniels actions were intentional, reckless, and grossly negligent and warrant an
procedures as are necessary to afford all offered goods, services, facilities, privileges,
ii. requiring JCP to make all readily achievable alterations to the Property
and to the facility operated thereon so that the Property and such facility are made
7
Case 3:17-cv-01896 Document 1 Filed 11/11/17 Page 8 of 8
readily accessible to and usable by individuals with disabilities to the extent required
by the ADA;
iii. requiring JCP to take such steps as are necessary to ensure that no
iv. prohibiting JCP from perpetuating any acts and practices which result in
disabilities.
12205.
F. An award of pre and post-judgment interest at the maximum legal rate; and
JURY DEMAND
Respectfully submitted,
PLAINTIFF,