United States Eighth Circuit

Complaint failed to allege the state action necessary to allege a section 1985(3) conspiracy to infringe a First Amendment right; dismissal is affirmed. In the absence of state action, plaintiff could not state a claim for violation of his rights under the support and advocacy provision of that section.

Appellate Information

• Decided 04/13/2004
• Published 04/13/2004

Judges

• HANSEN, Circuit Judge., Before MELLOY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Larry Klayman, argued, Washington, DC (George J. Luberda on the brief), for appellant.


• For Appellees:
  
• Elizabeth C. Carver, argued, St. Louis, MO (Larry D. Hale, Rebecca R. Jackson, Edward L. Dowd, Jr. and Darci F. Madden on the brief), for appellee.