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Fred Hampton — Part 3
Page 41
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Nos. 77-1698, 77-1210 & 77-1870 37
Askew v. Bloemker, 548 F.2d 673 (7th Cir. 1976), is not
to the contrary. In Askew the state officials did not play
a significant role in the conspiracy: “Both the impetus
for, and the execution of” the conspiratorial plan derived
from the federal officials. Jd. at 678. Plaintiffs’ evidence
in the instant case indicates that the federal and state
defendants shared in instigating and preparing for the
raid. There can be no question that the state defendants
“played a ‘significant’ role in the result.” Kletschka,
supra, 411 F.2d at 449.
Defendants also contend that plaintiffs have failed to
state a claim under section 1985(3) because they have
not proved that a racial or otherwise class-based, in-
vidiously discriminatory animus was behind the con-
spirators’ actions.2! Proof of a class-based animus un-
derlying the conspiracy is, of course, a requirement of a
section 1985(3) claim. Griffin v. Breckenridge, 403 U.S.
88, 102 (1971). Griffin itself held that race was such a
class-based animus, but did not establish what other
types of class-based animi were sufficient to state a
claim. The conspiracy alleged in this case, however, does
not require an intensive analysis into either the meaning
of Griffin or Congress’ intent in drafting section 1985(3)
to determine whether the class-based animus require-
ment was satisfied. The statute was intended, perhaps
more than anything else, to provide redress for victims
of conspiracies impelled by a commingling of racial and
political motives.22 And this is precisely the sort of con-
spiracy alleged by plaintiffs in this case.
21 The federal defendants make no contention that, because
they are not state actors, they are not subject to the anti-
discrimination provisions of the statute. Section 1985(3) clear-
ly was intended to provide redress for victims of a conspiracy
to violate civil rights whether or not the conspiracy was under
color of state law. Griffin v. Breckenridge, 403 U.S. 88 (1971).
2 Discrimination on the basis of political beliefs or af-
filiations has been found to be actionable under section
1985(3). See, eg., Means _v. Wilson, 522 F.2d 833 (8th Cir.
1975), cert. denied, 424 U.S. 958 (1976); Glasson v. City of
Louisville, 518 F.2d 899 (6th Cir.), cert. denied, 423 U.S. 930
ee See also Griffin, supra, 403 U.S, at 102 n. 9; Comment,
rivate Conspiracies to Violate Civil Rights, 96 Harv. L. Rev.
(Footnote continued on following page)
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