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Fred Hampton — Part 3
Page 42
42 / 251
38 Nos. 77-1698, 77-1210 & 77-1370
A brief recital of some of the evidence presented by
plaintiffs substantiates this conclusion.22 The BPP was a
black organization with a distinct political ideology and
a variety of politically-oriented programs.
documents offered by plaintiffs demonstrate that certain
FBI activities directed against the BPP transcended
mere “law enforcement,” and were designed to
“neutralize” the BPP as a political voice on racial issues.
Hanrahan testified that two of the principal goals of the
unit his office assigned to investigate the BPP was to
combat the anti-police propaganda the BPP had been
disseminating in the black community and to mobilize
support among blacks for police. And one of the pur-
poses of the post-raid coverup was to prevent the
development of widespread sympathy for the BPP cause
which might have arisen out of a full disclosure of the
facts surrounding the raid and the deaths of Clark and
Hampton. Such purposes, if proven, bespeak of a class-
based discriminatory animus which is at the heart of
section 1985(8)’s prohibitions. There is no doubt that the
plaintiffs have satisfied this requirement for proving a
section 1985(3) claim.
Reviewing the facts presented by plaintiffs in light of
these standards, we find that the trial court erred when
it directed verdicts as to plaintiffs’ conspiracy claims
against Hanrahan, Jalovec, the raiders, and the federal
defendants regarding their participation in the planning
and execution of the raid. Plaintiffs presented con-
siderable evidence, including FBI documents and ex-
press statements by Hanrahan, from which reasonable
persons could conclude that these parties shared a
22 continued . ;
1721, 1728 (1977) (“the legislative history behind section
1985(3) points unmistakably to the conclusion that discrimina-
tion on [the basis of political beliefs or affiliations] was intend-
ed to be actionable’). One of the foremost concerns of the
drafters of the original section See was discrimination
against individuals whose political affiliations were imbued
with racial implications. See Avins, The Ku Klux Klan Act o
1871: Some Reflected Light on State Action and the Fourteent.
Amendment, 11 St. Louis U. L. J. 331 (1967).
23 This evidence is examined in more detail. See, esp. supra
at pp. 9-17.
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