IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN 

DISTRICT OF FLORIDA, GAINESVILLE DIVISION 

LINDA SMITH,

Plaintiff, Case No: _____________________

v.

PUBLIX SUPER MARKETS, INC.,

Defendant. 

________________________________/

COMPLAINT

Plaintiff, Linda Smith (hereinafter “Plaintiff ”), by and through undersigned 

counsel, hereby sues Defendant, Publix Super Markets, Inc. (hereinafter 

“Defendant”) for retaliation. In support thereof, Plaintiff states as follows:

SUMMARY OF CLAIM

On February 11, 2020, Defendant refused Plaintiff service after she 

complained about treatment at its deli that she believed was racially discriminatory. 

That belief was objectively reasonable, as acknowledged by the attached Florida 

Commission on Human Relation’s determination that reasonable cause exists to 

believe that Defendant acted unlawfully in denying her the full use and enjoyment of 

its store (Exhibit “A” hereto). After objecting to being treated differently because of 

her race, Plaintiff was ejected from the premises under the threat of police 

involvement. Thus, Plaintiff brings this lawsuit for retaliation under Section 1981. 

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GENERAL ALLEGATIONS AND PARTIES

1. Plaintiff is an individual domiciled in Florida and is sui juris. She is a 

woman, 60 years of age and African American. 

2. Defendant is a corporation registered in Florida that operates grocery 

stores, often with a deli within.

3. At all material times, Defendant operated the grocery store (and 

incorporated deli) Plaintiff visited on February 19, 2019, as referenced herein. 

JURISDICTION AND VENUE

4. This action is an action brought by the Plaintiff based upon the 

provisions of 42 U.S.C. § 1981 to redress acts of retaliation by Defendant against 

Plaintiff on account of her reasonable belief of racial discrimination. 

5. This Court has jurisdiction over this case under 28 U.S.C. § 1331.

6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).

REASONABLE CAUSE FINDING

7. Plaintiff timely filed a complaint with the Florida Commission on 

Human Relations. A true and correct copy of that complaint is attached hereto as 

Exhibit “B”.

8. The Florida Commission on Human Relations found in her favor and 

has issued a Determination of Reasonable Cause. A true and correct copy of that 

determination is attached hereto as Exhibit “A”.

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9. The Determination of Reasonable Cause proves that Plaintiff had a 

reasonable belief Publix was engaged in unlawful racial discrimination. Specifically, at 

Defendant’s deli in Gainesville, Florida on or about February 11, 2019.

10. On that day at Defendant’s deli, although Plaintiff was ahead in line, 

another customer (white, female) approached the deli counter and was acknowledged 

and waited on while Plaintiff went unserved. This upset Plaintiff and she asked to 

speak with the deli manager (Jason). 

11. While speaking with the deli manager (Jason), Plaintiff complained 

about her treatment, stating that she believed it was discriminatory based on her race. 

Plaintiff continued by asking to speak with the Store Manager, Mr. Cook. 

12. Plaintiff also complained to Mr. Cook, again claiming she believed the 

different treatment she encountered was racially based discrimination. Upset by that 

allegation, Mr. Cook became verbally abusive and threatened to call the police if 

Plaintiff did not leave, so Plaintiff left the store without being able to purchase the 

food she wanted at the deli. 

13. Defendant claimed to have a video of the incident in question but now 

states that it no longer exists. 

COUNT I – RETALIATION IN VIOLATION OF 42 U.S.C. § 1981 

14. Plaintiff re-alleges, and adopts by reference herein, all Paragraphs above, 

and further alleges as follows:

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15. This is an action based upon the provisions of 42 U.S.C. § 1981.

16. Defendant, through it's employee, denied Plaintiff the same rights as is 

enjoyed by white citizens to make and enforce contracts for the enjoyment of all 

benefits, privileges, terms and conditions within the grocery store because of her 

complaint of racially different treatment in violation of 42 U.S.C. § 1981. For 

example, by asking her to leave the store after her complaints and denying her the 

opportunity to purchase goods from Defendant’s place of business, such as food at 

the deli.

17. The above-described conduct of Defendant was intentional and reckless, 

causing Plaintiff damages such as emotional distress, humiliation, embarrassment, 

mental pain and suffering, injury to the dignity of Plaintiff, and personal degradation. 

WHEREFORE, Plaintiff prays that the Court enter judgment against the 

Defendant, declaring the conduct engaged in by the Defendant to be in violation of 

the Plaintiff ’s rights, and award damages as follows: 

• That the Court enter judgment against Defendant declaring the above-conduct 

to be in violation of 42 U.S.C. § 1981. 

• That the Court award Plaintiff compensatory damages to be determined by the 

jury. 

• That the Court award Plaintiff her costs, including reasonable attorney fees.

• That the Court award Plaintiff damages for the intentional infliction of 

emotional distress, and mental anguish, such amount to be determined by the 

jury. 

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• That the Court award punitive damages in the amount of that which will 

punish the Defendant’s conduct and discourage others from similar retaliation. 

• That the Court grant Plaintiff any additional relief to which she may be 

entitled.

JURY DEMAND 

COMES NOW, Plaintiff and hereby demands a trial by jury on all issues 

contained herein. 

Dated: January 14, 2021

Respectfully Submitted, 

 

/s/ Michael Massey 

Massey & Duffy, PLLC

Fla. Bar No. 153680

855 E. University Ave. 

Gainesville, FL 32601

352-505-8900

Massey@352law.com

Lead Counsel

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