· 4/13/2004
William J. Federer v. Richard A. Gephardt, Individually Joyce A. Aboussie, Individually James A. Larrew, Individually and John Does
Citations
- 363 F.3d 754
- 2004 U.S. App. LEXIS 7093
- 2004 WL 769489
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing implicitly that the validity of Means is an open question and “[p]assing on the question of whether or not a political party is a ‘class’ under the statute”
- dismissing complaint for failing to allege state action because the complaint alleged only “that the defendants acted on behalf of [a Congressman] as a political candidate and private person,” not as a government official
- dismissing a complaint about campaign activity for failing to allege a state action because the complaint alleged only “that the defendants acted on behalf of [a Congressman] as a political candidate and private person,” not as a government official
- first quoting Griffin v. Breckenridge, 403 U.S. 88, 102–03 (1971); and then citing 42 U.S.C. § 1985(3)
- claim under §1985(3) requires state involvement or that the aim of the conspiracy somehow benefits the state itself
- “[Plaintiff] is not 21 required to show class-based animus as part of [a] support and advocacy claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Melloy, Hansen, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.