# Action, Percy Green v. Rowland E. Gannon

> Court of Appeals for the Eighth Circuit · November 3, 1971 · 450 F.2d 1227

URL: https://www.frixlaw.com/law-library/cases/9457553

## Case

- **Full name:** ACTION Et Al., Percy Green, Defendant-Appellant, v. Rowland E. GANNON Et Al., Plaintiffs-Appellees
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** November 3, 1971
- **Citations:** 450 F.2d 1227; 1971 U.S. App. LEXIS 7301
- **Precedential status:** Published
- **Opinion:** Concurrence by Mehaffy
- **Judges:** Mehaffy, Van Oosterhout, Gibson, Lay, Heaney, Bright
- **Cited by:** 122 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9457553

## How later opinions describe it (automated extraction)

- holding that despite the fact that “[o]n its face, § 1985(3) provides only for an award of damages for violation of civil rights[,]” injunctive relief is available under Section 1985(3)
- holding that § 5 grants Congress the power to reach purely private action

## Opinion text

*1239 MEHAFFY, Circuit Judge
(concurring).
The result in this case is compelled by Griffin v. Breckenridge, 403 U.S. 88 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971), since it is entirely clear that the defendants disrupted the church services and in so doing there was racial invidious discriminatory animus behind the conspirators’ action. I therefore abide that mandate and concur in the result. However, I do not agree with the logic of the majority opinion in reaching this result as it involves an expansion of the reach of the Fourteenth Amendment. I would rest the decision solely on Griffin v. Breckenridge, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457553. Public record. Not legal advice.