HULL
v.
SHUCK ET AL.

U.S. | 1991-06-28
No. 90-1671
501 U.S. 1261 Supreme Court of the United States (1991) Positive Treatment
Cited by 5 cases
Topics
42 U.S.C. § 1985(3) Certiorari Constitutional Rights

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Dissent
Justice White,

Justice White,

with whom Justice Marshall joins, dissenting.

One of the questions presented in this case is whether the “intracorporate conspiracy” rule, which holds that employees of a single entity cannot conspire with each other, applies to claims brought under 42 U. S. C. § 1985(3). We expressly left open that issue in Great American Fed. Sav. & Loan Assn. v. Novotny, 442 U. S. 366, 372, n. 11 (1979).

Here, petitioner alleged that several school district officials engaged in a racially motivated conspiracy to deprive her of her constitutional rights, in violation of § 1985(3). In affirming the District Court’s grant of summary judgment in favor of the officials, the Court of Appeals applied the intracorporate conspiracy rule, reasoning that “[s]ince all of the defendants are members of the same collective entity, there are not two separate ‘people’ to form a conspiracy.” 926 F. 2d 505, 510 (1991).

As respondents admit, see Brief in Opposition 6, the decision below conflicts with the decisions of at least two other Courts of Appeals. See Stathos v. Bowden, 728 F. 2d 15, 20-21 (CA1 1984); Novotny v. Great American Fed. Sav. & Loan Assn., 584 F. 2d 1235, 1259, and n. 125 (CA3 1978) (en banc), vacated on other grounds, 442 U. S. 366 (1979). I would grant certiorari on question 1 presented in the petition to resolve the conflict.

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  • Edwards v. Wallace Cmty. Coll., 49 F.3d 1517 (11th Cir. 1995)
    …ir.) (“plaintiff must present direct evidence that the officials’ actions were improperly motivated” by racial discrimination when the officials have asserted qualified immunity as a defense) (internal quotations and citation omitted), cert. denied, 501 U.S. 1261, 111 S.Ct. 2917, 115 L.Ed.2d 1080 (1991); Auriemma v. Rice, 910 F. 2d 1449, 1453 (7th Cir.1990) (en banc), cert. denied, 501 U.S. 1204, 111 S.Ct. 2796, 115 L.Ed.2d 970 (1991). B. Sovereign Immunity Suing individuals in their official capacities is…
  • Ziglar v. Ahmer Iqbal Abbasi, 137 S. Ct. 1843 (U.S. 2017)
  • McMILLIAN v. W.E. Johnson, 88 F.3d 1554 (11th Cir. 1996)
    …tent necessary to overcome a defendant's motion for summary judgment when the motion is based on qualified immunity grounds. See, e.g., Tompkins, 26 F. 3d at 608-609; Hull v. Cuyahoga Valley Bd. of Educ., 926 F. 2d 505, 512 (6th Cir.), cert. denied, 501 U.S. 1261, 111 S.Ct. 2917, 115 L.Ed.2d 1080 (1991); Losavio, 847 F. 2d at 649. . We note that neither Tate, Ikner, nor Benson question whether a claim for a Brady violation maybe asserted under § 1983. Though we have never explicitly addressed whether claims…

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