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Fred Hampton — Part 3

251 pages · May 09, 2026 · Broad topic: General · Topic: Fred Hampton · 251 pages OCR'd
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Nos. 77-1698, 77-1210 & 77-1870 37 Askew v. Bloemker, 548 F.2d 673 (7th Cir. 1976), is not to the contrary. In Askew the state officials did not play a significant role in the conspiracy: “Both the impetus for, and the execution of” the conspiratorial plan derived from the federal officials. Jd. at 678. Plaintiffs’ evidence in the instant case indicates that the federal and state defendants shared in instigating and preparing for the raid. There can be no question that the state defendants “played a ‘significant’ role in the result.” Kletschka, supra, 411 F.2d at 449. Defendants also contend that plaintiffs have failed to state a claim under section 1985(3) because they have not proved that a racial or otherwise class-based, in- vidiously discriminatory animus was behind the con- spirators’ actions.2! Proof of a class-based animus un- derlying the conspiracy is, of course, a requirement of a section 1985(3) claim. Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). Griffin itself held that race was such a class-based animus, but did not establish what other types of class-based animi were sufficient to state a claim. The conspiracy alleged in this case, however, does not require an intensive analysis into either the meaning of Griffin or Congress’ intent in drafting section 1985(3) to determine whether the class-based animus require- ment was satisfied. The statute was intended, perhaps more than anything else, to provide redress for victims of conspiracies impelled by a commingling of racial and political motives.22 And this is precisely the sort of con- spiracy alleged by plaintiffs in this case. 21 The federal defendants make no contention that, because they are not state actors, they are not subject to the anti- discrimination provisions of the statute. Section 1985(3) clear- ly was intended to provide redress for victims of a conspiracy to violate civil rights whether or not the conspiracy was under color of state law. Griffin v. Breckenridge, 403 U.S. 88 (1971). 2 Discrimination on the basis of political beliefs or af- filiations has been found to be actionable under section 1985(3). See, eg., Means _v. Wilson, 522 F.2d 833 (8th Cir. 1975), cert. denied, 424 U.S. 958 (1976); Glasson v. City of Louisville, 518 F.2d 899 (6th Cir.), cert. denied, 423 U.S. 930 ee See also Griffin, supra, 403 U.S, at 102 n. 9; Comment, rivate Conspiracies to Violate Civil Rights, 96 Harv. L. Rev. (Footnote continued on following page)
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