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Fred Hampton — Part 3
Page 51
51 / 251
Nos. 77-1698, 77-1210 & 77-1370 47
O’Neal in the planning of the raid. Additionally, Johnson
participated in the arrangement between Hanrahan and
Leonard whereby Leonard agreed not to obtain indict-
ments against any state officials for their actions with
regard to the raid in exchange for the dismissal of the
state indictments against the survivors. And during the
pretrial discovery in this suit, the federal defendants
continued to engage in dilatory and obstructive tactics to
conceal evidence of their involvement in the planning of
the raid. See infra, pp. 68-73.
A jury reasonably could infer that a conspiracy
existed to conceal the facts of the raid and to continue
an unfounded prosecution against plaintiffs.28
B. Purtell, Koludrovic, and Sadunas
We hold that plaintiffs’ evidence does not present a
prima facie case as to Purtell and Koludrovic. Purtell
was the director of the Chicago Crime Laboratory and
the supervisor of Koludrovic and Sadunas. There is,
however, no evidence that he participated in any
agreement or effort to distort the evidence found inside
the apartment on December 4. Similarly, plaintiffs’ case
8 In Count 7 plaintiffs charge Hanrahan, Jalovec, the
raiders, and the federal defenaants (except O’Neal) with fail-
ing to prevent the post-raid conspiracy in violation of section
1986. Plaintiffs have presented sufficient evidence to establish
a prima facie case on this theory of liability. Additionally, in
Count 11 of their complaint, plaintiffs allege that Hanrahan,
Jalovec, Groth, O’Neal, Mitchell, Johnson, and Piper conspired
to obstruct justice in violation of 42 U.S.C. § 1985(2). Section
1985(2) states:
. ; , If two or more persons conspire for the same purpose
of impeding, hindering, obstructing, or defeating, in any
manner, the due course of justice in any State or
Territory, with intent to deny to any citizen the equal
protean of the laws, or to injure him or his property for
awfully enforcing, or attempting to enforce, the right of
any person, or class of persons, to the equal protection of
the laws.
We conclude, on the basis of our review of the evidence op
porting plaintiffs’ conspiracy claims, that plaintiffs establish-
ed a prima facie case of a section 1985(2) violation.
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