Discrimination Claims Against Denny's Survive Dismissal in South Dakota

A federal judge in South Dakota has allowed civil rights claims alleging discriminatory conduct at a Sioux Falls Denny's to proceed, denying in part the restaurant chain's motion to dismiss.

U.S. District Judge Eric C. Strickland ruled on May 15 that the court has federal question and civil rights jurisdiction over the lawsuit filed by Damon Whitfield and Hector Madera. The judge rejected the defendants' arguments that the court lacked subject matter jurisdiction or that the plaintiffs failed to state a claim, although the motion was granted in part on unspecified grounds.

The suit, filed in the U.S. District Court for the District of South Dakota, alleges that Whitfield and Madera were subjected to discriminatory conduct during a visit to a Denny's Restaurant in Sioux Falls on August 13, 2023.

The defendants include Denny's Corporation, Denny's Inc., Sunrise Restaurants LLC, WKS Restaurant Corp. d/b/a WKS Restaurant Group, and individuals Anne and Michael Fletcher. The parties had previously stipulated to the dismissal of one defendant, Pilot Flying J Center #716.

The case remains active in the Southern Division of the District of South Dakota.

Case

The case is Whitfield et al v. Denny's Corporation et al, case number 4:25-cv-04116, in the District of South Dakota.

Court

sdd

Case Name

Whitfield et al v. Denny's Corporation et al

Docket

4:25-cv-04116

View on PACER ↗