2.85 - 3. 42 U.S.C. § 1985(3)

• Jurisdiction: New York

3. 42 U.S.C. § 1985(3)

Conspiracies to deprive any person of equal protection of the law or the privileges and immunities of citizenship are proscribed under 42 U.S.C. § 1985(3).⁹⁴⁹ The Supreme Court has interpreted the language of the statute to require that the conspirator’s actions were motivated by discriminatory animus based on race or other characteristics relevant for equal protection purposes.⁹⁵⁰

Persons belonging to groups defined by sex,⁹⁵¹ religion,⁹⁵² national origin,⁹⁵³ disability,⁹⁵⁴ and age,⁹⁵⁵ as well as groups defined by political association or political loyalty,⁹⁵⁶ have been found to be covered by § 1985(3). Section 1985(3) does not extend to persons alleging conspiracies based on economic or commercial motives⁹⁵⁷ or having filed lawsuits or claims.⁹⁵⁸

While the Supreme Court has held that private employers can be liable under § 1985(3), proof of state involvement is necessary when the deprivation of a right protected as against the state is the object of the alleged conspiracy.⁹⁵⁹ An employer who is adjudged to have violated 42 U.S.C. § 1985(3) may be liable for both legal and equitable relief.⁹⁶⁰ Section 1985(3) is similar to § 1983 insofar as it does not require that administrative remedies be exhausted⁹⁶¹ or that the employer have a certain minimum number of employees to be subject to the statute’s provisions.

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Notes:

^[949] . Courts that have examined the issue have generally assumed that “person” has the same meaning under § 1985 as under § 1983. See Estate of Lagano v. Bergen Cty. Prosecutor’s Office, 769 F.3d 850 (3d Cir. 2014); Owens v. Haas, 601 F.2d 1242 (2d Cir. 1979). Local governments are considered persons for purposes of proving the existence of a conspiracy under the statute. Owens v. Haas, 601 F.2d 1242 (2d Cir.), cert. denied sub nom. Cnty. of Nassau v. Owens, 444 U.S. 980 (1979). However, the state is not a person under 42 U.S.C. § 1985 and is immune from suit. Stoskowski v. Cnty. of Nassau, No. 05 Civ 5984, 2006 WL 3370669, *1 (E.D.N.Y. Nov. 16, 2006), overruled in non-relevant part by Leitner v. Westchester Cmty. Coll., 779 F.3d 130 (2d Cir. 2015).

^[950] . United Bhd. of Carpenters & Joiners, Local 610 v. Scott, 463 U.S. 825 (1983); Griffin v. Breckenridge, 403 U.S. 88 (1971).

^[951] . New York State Nat’l Org. for Women v. Terry, 886 F.2d 1339 (2d Cir. 1989).

^[952] . Jews for Jesus, Inc. v. Jewish Cnty. Relations Council of N.Y., Inc., 968 F.2d 286 (2d Cir. 1992).

^[953] . Haverstick Enterprises, Inc. v. Fin. Fed...