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Fred Hampton — Part 3
Page 49
49 / 251
Nos. 77-1698, 77-1210 & 77-1370 45
need to allege this redundant theory of recovery, we hold
that plaintiffs have presented sufficient evidence to sup-
port their joint activity claims.26
V. CLAIMS OF LIABILITY FOR POST-RAID ACTS
On the basis of the post-trial facts, plaintiffs claim
that defendants conspired to cause the false arrest,
imprisonment, and prosecution of the survivors of the
raid. All defendants are named as participants in the
post-raid conspiracy. As a further result of the con-
spiracy, plaintiffs allege that the Cook County criminal
prosecution against them was prolonged to May 8, 1970
and that they incurred unnecessary legal expenses and
suffered mental anguish and injury to their reputations.
Relief is sought under sections 1988 and 1985(3).
A. Hanrahan, Jalovec, the raiders and
_ the federal defendants
We hold that plaintiffs have presented sufficient
evidence to establish a prima facie case that Hanrahan,
Jalovec, the raiders, and the federal defendants partici-
pated in a post-raid conspiracy to harass the survivors of
the raid and to conceal the facts surrounding the raid,
thereby injuring plaintiffs.2’
26 In Count 4 of their complaint, plaintiffs allege under sec-
tion 1986 that Hanrahan, Jalovec, the raiders, and the federal
defendants neglected to preyene the wrongs perpetrated in
violation of section 1985(3). Section 1986 states in part:
Every person who, having knowledge that any of the
wrongs conspired to be done, and mentioned in section
1985 of this title, are about to be committed, and having
power to prevent or aid in preventing the commission of
the same, neglects or refuses so to do, if such wrongful act
be committed, shall be liable to the party injured, or his
legal popbebeutnsinss, for all damages caused if such
wrongful act, which such person by reasonable diligence
could have prevented.
On the basis of our examination of the evidence supporting
plaintiffs’ conspiracy claim, we conclude that ns es-
tablished a prima facie case of section 1986 liability.
27 We read Counts 6 and 8 of plaintiffs’ complaint as describ-
ing the post-raid conspiracy.
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