42 U.S.C. 1985(3) - A Private Action to Vindicate Fourteenth Amendment Rights: A Paradox Resolved

Authors

Stephanie M. Wildman

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Article

Abstract

This Article examines the role that 42 U.S.C. § 1985(3) plays in attempts by citizens to sue for protection of fourteenth amendment rights. The author argues that, while section 1985(3) provides citizens with a cause of action against private conspiracies to violate constitutional rights, there is no requirement of state action for such lawsuits. The author further argues that a contradiction occurs when the citizen seeks to use this remedy to vindicate the fourteenth amendment right to equal protection of the laws, because such rights do not exist in the absence of state involvement. The author seeks to resolve this contradiction by suggesting that private conspiracies to violate equal protection rights do exist and that Congress has the authority to provide citizens with a remedy against such conspiracies.

Recommended Citation

Stephanie M. Wildman, 42 U.S.C. 1985(3) - A Private Action to Vindicate Fourteenth Amendment Rights: A Paradox Resolved, 17 San Diego L. Rev. 317 (1980).
Available at: https://digital.sandiego.edu/sdlr/vol17/iss2/6