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Constitutional Law Keyed to Choper
Griffin v. Breckenridge
Citation:
403 U.S. 88 (1971)Facts
The plaintiffs were black citizens traveling on a public highway in DeKalb, Mississippi. The defendants, white citizens, allegedly conspired to block their passage, forced them from their car, and physically assaulted them with deadly weapons. The defendants mistakenly believed one of the plaintiffs was a civil rights worker who was encouraging blacks to register to vote. The plaintiffs filed suit under 42 U.S.C. § 1985(3), claiming the defendants conspired to deprive them of their rights to equal protection, privileges, and immunities. The lower courts dismissed the complaint, interpreting the statute as requiring state action based on the Supreme Court’s prior decision in Collins v. Hardyman.
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