Egan

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

[Docket No. 12]

On April 10, 2000, the Court heard oral argument regarding Defendants’ motion to dismiss. The motion will be granted in part and denied in part for the reasons set forth below.

I. BACKGROUND

Plaintiffs are Kulwant Egan, his wife Tara Egan, and their minor son Sachit Egan (“the Egans”). They allege that their neighbors, Mr. and Mrs. Schmock, have been harassing and intimidating them for more than nine years because of their national origin, which is East Indian. The complaint sets forth a number of acts by Mrs. Schmock, including: calling the Egans “dirty Indians” and telling them to go back where they came from; wrapping a towel around her head turban-style and putting a dot of lipstick on her forehead to mock Mrs. Egan’s traditional style of dress; calling Sachit Egan a “monkey” and throwing a banana over the fence onto the Egans’ property; giving the “finger” to the Egans and their guests; photographing and videotaping the Egans and their guests; throwing water and yard clippings on the cars of the Egans’ guests; and following the Egans on her bicycle. The complaint does not allege any…