Can a plaintiff bring a conspiracy claim under Section 1985 of the Federal Trade Commission Act?
MultiRegion, United States of America
The following excerpt is from Nguy v. Cnty. of Yolo, No. 2:14-cv-229-MCE-EFB PS (E.D. Cal. 2014):
Moreover, a plaintiff cannot state a conspiracy claim under 1985 in the absence of a claim for deprivation of rights under 42 U.S.C. 1983. See Caldeira v. Cnty. of Kauai, 866 F.2d 1175, 1182 (9th Cir.1989) (holding that "the absence of a section 1983 deprivation of rights precludes a section 1985 conspiracy claim predicated on the same allegations"), cert. denied, 493 U.S. 817 (1989).
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