Named plaintiff Claudie Pierre is a 24-year-old African-American woman who lives in Queens County, New York. The action alleges that prior to her shocking run-in with store security she was a loyal Penney's customer. On September 20, 2002, as she was leaving the Penney's located at 90-51 Queens Boulevard, a security guard allegedly grabbed her by the shoulder and loudly accused her of stealing merchandise. Within moments, three more security personnel surrounded her, shouting and attracting the attention of pedestrians, some of whom allegedly joined in. A female guard continuously yelled, "You better return the merchandise you stole!"

Allegedly, she was held against her will and forced to return to the store, where she was detained out of sight in a small windowless room. Upon arrival, the guards yelled obscenities at her and claimed she had been under surveillance and that the guards had videotape of her stealing items in the store.

Allegedly, the guards forcibly emptied her pockets and grabbed her purse, pulling it away from her so that her arm was bruised. They took her school bag and emptied it on the floor, finding nothing. When they realized that she had no stolen merchandise in her possession, they allegedly began to scream at her that she had been seen stealing from the store on a previous occasion.

They continuously threatened to send her to jail for theft throughout her detention. While being subjected to prolonged interrogation, she was told, "We know we have your file here, bitch, and we told you never to come back here!" She was inappropriately patted down by a male security guard, who touched her buttocks, breasts, and inner thighs.

After leaving her alone for some time, the guards allegedly returned with a form for her to sign. Upon reading it, she discovered that it was a typed confession and agreement to be banned from shopping from Penney's because of past acts of shoplifting. When she refused to sign the form, the guards came back with a camera and took her picture. During the entire detention, she cried and pleaded her innocence to them. When she asked to call her mother so that she could report her situation, the guards refused to allow her.

Ms. Pierre was allegedly held for approximately three hours, and released when the store closed at nine o'clock in the evening. At that time, she was approached by named defendant Stefan Kowalsky, the manager of security in the store. He allegedly apologized for her arrest and detention and told her that she was free to go. When Ms. Pierre requested a copy of the arrest report, he refused, but gave her his card and told her he would mail it to her. She informed him of her intention to report the incident to the police. Kowalsky allegedly never mailed the report to her. After sitting outside the store for half an hour recovering, she called the police. Officers arrived and allegedly counseled her to file a formal complaint at the police station. A few days after her ordeal, Ms. Pierre filed a report with the police.

The action alleges that Ms. Pierre experienced anxiety attacks during her detention, and is now afraid to go into any Penny's stores for fear that her photograph has been circulated to other stores, so that she will be subjected to further harassment or detention regardless of where she shops.