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Conspiracy Claim Must Be Supported by Facts
Mrs. Alvera M. Aldabe filed civil action under 42 U.S.C. § 1983 and 1985(3) claiming that a conspiracy between her ex-husband, several lawyers, as well as several state judges, resulted in an unfavorable outcome in her divorce proceedings.
This case was heard in the U.S. Eastern District Court of California. The district court determined that conspiracy, under 42 U.S.C. § 1983 and 1985, occurs when two or more people conspire to deny any person equal protection. Several courts have determined that when a racially or otherwise “individually discriminated animus” is behind the conspirator’s action, the injured party might be entitled to recover damages. See: Griffin v. Breckenridge, 91 S.ct. 1790, 1798 (1971); and/or Briley v. California, 564 F. 2d 849, 859 (9th Circ. 1977). However, because Mrs. Aldabe failed to allege any facts showing how each defendant harmed her or showing an overall plan to deprive her of any state or federal rights, the district court dismissed her case with prejudice.
The U.S. Ninth Circuit Court of Appeals reviewed Mrs. Aldabe’s claim de novo and affirmed the district court’s ruling. See Aldabe v. Aldabe, 616 F. 2d 1089 (9th Cir. 1980).
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Related legal case
Aldabe v. Aldabe
|Cite||616 F. 2d 1089 (9th Cir. 1980)|
|Level||Court of Appeals|