United States Fifth Circuit

In an action alleging retaliation against plaintiff for his reporting misconduct by the Mississippi Air National Guard, summary judgment for defendants is affirmed where: 1) plaintiff failed to point to specific facts showing there was a genuine issue whether the individual defendants acted under color of state law; 2) the class-based animus requirement of 42 U.S.C. section 1985(3) applied equally to causes of action under the second clause of section 1985(2); and 3) the continuing tort doctrine did not apply, and thus plaintiff's assault and battery claim was time-barred.

Appellate Information

• Decided 02/17/2010
• Published 02/18/2010

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel