HARRISBURG – A Black customer of a Rite Aid pharmacy location in Lemoyne who claimed she was the target of harassment and racist behavior by the store’s white employees during a visit to the store last year has voluntarily dismissed her case.
Rebecca Williamson of Lemoyne first filed suit in the U.S. District Court for the Middle District of Pennsylvania on May 1 versus Rite Aid of Pennsylvania, LLC of Philadelphia, and Jane Doe, Jack Doe and John Doe.
“On Feb. 8, 2023, plaintiff visited the Lemoyne Rite Aid to pick up prescriptions for herself and for her father. It was plaintiff’s normal practice to obtain her prescription medications from the pharmacy at the Lemoyne Rite Aid. During her Feb. 8, 2023 visit to the Lemoyne Rite Aid, plaintiff was the only African-American in the pharmacy. While waiting in line to reach the pharmacy customer service counter, plaintiff observed defendant Rite Aid Associate Jane Doe, who is Caucasian, provide medications to three Caucasian customers,” the suit said.
“When plaintiff reached the counter and presented her name after waiting in line, defendant Rite Aid Associate Jane Doe initially dismissed her, telling her brusquely that the pharmacy would not fill plaintiff’s prescription because her insurance had denied coverage. Despite Rite Aid Associate Jane Doe’s attempt to turn plaintiff away, plaintiff insisted that she would pay full price for the medication in question and requested that Rite Aid Associate Jane Doe sell to her that medication. Rite Aid Associate Jane Doe responded by attempting to embarrass plaintiff, asking a colleague in a loud and demeaning voice whether it is even possible to pay cash for a prescription, asking, ‘Have you ever heard that?’ Jane Doe commented repeatedly and loudly on the fact that plaintiff would pay in cash.”
The suit added that “in a voice that was intentionally loud enough so that all of the customers and staff in the pharmacy could hear, Rite Aid Associate Jane Doe repeated the name of plaintiff’s prescription medication a number of times, further embarrassing and shaming plaintiff.”
“While plaintiff had been waiting in line prior to reaching the customer service counter, Rite Aid Associate Jane Doe did not speak to any of the Caucasian customers in a loud voice. When speaking to the Caucasian customers, Rite Aid Associate Jane Doe instead used a quiet voice appropriate to communicating private medical information. Once it became apparent to Rite Aid Associate Jane Doe and the other Rite Aid employees present that plaintiff intended to complete her purchase of prescription medication and was capable of doing so, Rite Aid Pharmacist Janet Doe approached plaintiff with a new alleged reason that defendant Rite Aid would not fill her prescription and sell her the medication, telling plaintiff that the medication was out of stock,” the suit stated.
“As plaintiff was speaking to Pharmacist Janet Doe, Rite Aid Associate Jane Doe again approached plaintiff and interjected, whereupon plaintiff requested that Jane Doe cease speaking. Associate Jane Doe called plaintiff, who is a 41-year-old woman, a ‘girl’ and said, ‘Oh you want to shush me?’ She threatened to ‘come over the counter right now’ to attack plaintiff. Next, Rite Aid Associate Jane Doe directed demeaning, stylized, stereotyped and racially charged mannerisms and speech at plaintiff. Specifically, Rite Aid Associate Jane Doe purported to mimic plaintiff by putting one hand on her hip and the other held palm out, twisting her neck around, and speaking in a stereotyped and supposedly ‘Black’ accent.”
This was behavior, the plaintiff asserted, that the defendants did not use or direct towards any of the Caucasian customers in the store.
“Following Rite Aid Associate Jane Doe’s demeaning and stereotyped caricature, defendant Rite Aid Pharmacist Janet Doe said that she was going to ask the Store Manager to intercede. Defendant Rite Aid employee John Doe then called the police to complain about plaintiff. Upon information and belief, defendant John Doe called the police to complain about plaintiff, pursuant to the instructions of defendant Rite Aid Store Manager Jack Doe. The police responded to the Lemoyne Rite Aid, where they interviewed the plaintiff,” the suit said.
“Upon information and belief, the police also interviewed Rite Aid Associate Jane Doe and other Rite Aid employees at the Lemoyne Rite Aid. The police determined that plaintiff had done nothing wrong. The police left the Lemoyne Rite Aid without taking any further action. Upon information and belief, defendant Rite Aid of Pennsylvania, LLC did not discipline or otherwise penalize any of the individual defendants for their conduct toward plaintiff.”
UPDATE
On June 13, the plaintiff filed notice with the Court that she dismissed her own suit.
“Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) of the Federal Rules of Civil Procedure, the plaintiff Rebecca Williamson hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendants Rite Aid of Pennsylvania, LLC, Jane Doe, Jack Doe and John Doe,” the notice stated.
Prior to dismissal and for counts of private deprivation of equal rights, conspiracy to violate civil rights and deprivation of civil rights, the plaintiff was seeking compensatory damages, punitive damages, statutory attorneys’ fees and costs, declaratory, injunctive and other equitable relief, and such other and further relief as the Court may find just and appropriate.
The plaintiff was represented by Leticia C. Chavez-Freed of The Chavez-Freed Law Office, in Harrisburg.
The defendants did not retain legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 1:24-cv-00738
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com