Opinion

Carol Conklin v. Leo E. Lovely Joe W. Wakeley and John Huss

  • 834 F.2d 543
  • 2 I.E.R. Cas. (BNA) 1481
  • 1987 U.S. App. LEXIS 15792
  • 1987 WL 20520
Court
Court of Appeals for the Sixth Circuit
Filed
Dec 3, 1987
Status
Published
Author
Norris
On the bench
Keith, Milburn, Norris
Cited by
82 cases
Authority
More cited than 25.5%

holding that Cameron’s extension of § 1985(3) protection to political affiliation is still available post-Scott

How later courts described this case

  • holding that Cameron’s extension of § 1985(3) protection to political affiliation is still available post-Scott
  • applying Mt. Healthy’s “substantial” or “motivating” factor test to patronage dismissal claims
  • finding that § 1985(3) does extend to discrimination against such a class
  • holding that § 1985(3) extends to animus directed against political views

Written by the judges who cited it.

The opinion

ALAN E. NORRIS, Circuit Judge,

concurring.

Although I agree with what has been said by the majority, I concur in affirming the judgment against defendant John Huss only because we are bound to follow the decision of a panel of this court in Cameron v. Brock, 473 F.2d 608 (6th Cir.1973), even though adherence to the reasoning relied upon by a majority of the members of the Supreme Court in its intervening opinion in United Bhd. of Carpenters and Joiners, Local 610 v. Scott, 463 U.S. 825 , 103 S.Ct. 3352 , 77 L.Ed.2d 1049 (1983) would appear to compel a contrary result. See, e.g., Grimes v. Smith, 776 F.2d 1359 (7th Cir.1985); Brown v. Reardon, 770 F.2d 896 (10th Cir.1985); Harrison v. KVAT Food Management, Inc., 766 F.2d 155 (4th Cir.1985). With this reservation, then, I concur in Judge Milburn’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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