Richard Arsenaux v. Henry J. Roberts, Jr., 726 F.2d 1022 (5th Cir. 1982). · Go Syfert
Richard Arsenaux v. Henry J. Roberts, Jr., 726 F.2d 1022 (5th Cir. 1982). Cases Citing This Book View Copy Cite
158 citation events (120 in the last 25 years) across 14 distinct courts.
Strongest positive: Miller v. Dunn (ca5, 2025-01-06)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Miller v. Dunn
5th Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mere conclusory allegations of conspiracy cannot, absent reference to material facts, survive a motion to dismiss.
discussed Cited as authority (verbatim quote) Morales v. Carrillo
W.D. Tex. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mere conclusory allegations of conspiracy cannot, absent reference to material facts, survive a motion to dismiss.
discussed Cited as authority (verbatim quote) Bradley v. Phillips Petroleum Co. (2×) also: Cited as authority (rule)
S.D. Tex. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to establish a cause of action based on conspiracy a plaintiff must show the defendants agreed to commit an illegal act.
discussed Cited as authority (verbatim quote) Mrs. Susie Lite Morrison v. City of Baton Rouge (2×) also: Cited as authority (rule)
5th Cir. · 1985 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mere conclusory allegations of conspiracy cannot, absent reference to material facts, survive a motion to dismiss.
discussed Cited as authority (rule) Steven W. Young, et al. v. City of Baton Rouge, et al.
M.D. La. · 2026 · confidence medium
Regarding the first element: “To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982) (Rubin, J.).
examined Cited as authority (rule) STEVEN W. YOUNG, ET AL. v. CITY OF BATON ROUGE, ET AL. (3×) also: Cited "see"
M.D. La. · 2026 · confidence medium
Regarding the first element: “To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) Probst v. Beckett
N.D. Tex. · 2025 · confidence medium
“To establish a cause of action based on conspiracy, a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982) (citation omitted).
discussed Cited as authority (rule) Ross v. Bailey-Christian
S.D. Miss. · 2025 · confidence medium
But, “general conclusory charges of conspiracy with ‘no specific allegation of facts tending to show a prior agreement cannot’ survive a motion to dismiss.” Id. (quoting Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (5th Cir. 1982).
discussed Cited as authority (rule) Vela v. Lewis
S.D. Tex. · 2025 · confidence medium
“To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982); Dayse v. Schuldt, 894 F.2d 170, 173 (5th Cir. 1990).
cited Cited as authority (rule) Bosman v. Harris County Domestic Relations Office
S.D. Tex. · 2025 · confidence medium
See Montgomery, 759 F. App’x at 314; Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (Sth Cir. 1982).
cited Cited as authority (rule) Young v. Bryan Collier
S.D. Tex. · 2025 · confidence medium
See Montgomery, 759 F. App’x at 314; Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (Sth Cir. 1982).
discussed Cited as authority (rule) Brujac v. Sharp
M.D. La. · 2025 · confidence medium
Regarding the first element: “To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
examined Cited as authority (rule) West v. City of Splendora (3×) also: Cited "see"
S.D. Tex. · 2024 · confidence medium
“Mere conclusory allegations of conspiracy cannot, absent reference to material facts, survive a motion to dismiss.” Brown v. Tull, 218 F.3d 743 (5th Cir. 2000) (quoting Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982)).
discussed Cited as authority (rule) Albarado v. Davis
E.D. Tex. · 2024 · confidence medium
Conspiracy “To establish a cause of action based on conspiracy, a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982). 3 Conclusory allegations of conspiracy do not state a claim under Section 1983 unless the plaintiff supports his allegations with material facts.
cited Cited as authority (rule) Gonzales v. Dankel
E.D. Tex. · 2024 · confidence medium
“To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
cited Cited as authority (rule) Ishak v. Greensburg Police Department
E.D. La. · 2024 · confidence medium
Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) Arnold v. Alvarado
E.D. La. · 2024 · confidence medium
Doc. 26-1 at pp. 8–9. 30 Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982) (citing Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980)). 31 Mack v. Newton, 737 F.2d 1343, 1350 (5th Cir. 1984). 32 Id. 33 Id. 34 White v. U.S. Corr., L.L.C., 996 F.3d 302, 307 (5th Cir. 2021) (citation omitted). 35 R.
discussed Cited as authority (rule) Vela v. Lewis
S.D. Tex. · 2024 · confidence medium
Civil Conspiracy “To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982); Dayse v. Schuldt, 894 F.2d 170, 173 (5th Cir. 1990).
discussed Cited as authority (rule) Manning v. Kaufman Constables Office
N.D. Tex. · 2023 · confidence medium
“Conclusory allegations that do not reference specific factual allegations tending to show an agreement do not suffice to state a civil rights conspiracy claim under § 1983.” Id. (citing Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982)).
discussed Cited as authority (rule) Khnanisho v. Texas Commission on Law Enforcement
W.D. Tex. · 2023 · confidence medium
To state a claim under § 1985, Khnanisho “must plead the ‘operative facts’ showing a prior illegal agreement, and ‘bald allegations’ of an agreement do not suffice.” Way v. Mueller Brass Co., 840 F.2d 303, 308 (5th Cir. 1988) (quoting Lynch v. Cannatella, 810 F.2d 1363, 1369-70 (5th Cir. 1987), and Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (5th Cir. 1982)).
discussed Cited as authority (rule) Hawkins v. Sanders
E.D. La. · 2023 · confidence medium
Doc. 57, at caption, 1, 10, ¶¶ 93, 96. 89 Cf. Galicki, 2015 WL 3970297 , at *2; see also Iqbal, 556 U.S. at 676 (finding that a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution). 90 See Galicki, 2015 WL 3970297 , at *2; Iqbal, 556 U.S. at 676 . 91 Lugar v. Edmondson oil Co., Inc., 457 U.S. 922, 924 (1982) (quoting 42 U.S.C. § 1983 ). 92 See, e.g., James v. Tex. Collin Cnty., 535 F.3d 365, 373 (5th Cir. 2008); Cinel v. Connick, 15 F.3d 1338, 1342 (5th Cir. 1994). 93 Morris v. Dillard Dep’t Stores, Inc…
discussed Cited as authority (rule) Rivera v. Harris County
S.D. Tex. · 2022 · confidence medium
“To establish a cause of action based on conspiracy [under § 1983] a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts. 726 F.2d 1022, 1024 (5th Cir. 1982).
cited Cited as authority (rule) Prescott v. Johnson
E.D. Tex. · 2022 · confidence medium
See Hale v. Townley, 45 F.3d 914, 920 (5th Cir. 1995); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
cited Cited as authority (rule) Miller v. Salvaggio
W.D. Tex. · 2021 · confidence medium
Arsenaux v Roberts, 726 F.2d 1022, 1023-24 (5th Cir. 1982); Cole v. Gray, 638 F.2d 804, 811 (5th Cir. 1981).
discussed Cited as authority (rule) Lupi v. Diven (2×)
W.D. Tex. · 2021 · confidence medium
Cinel v. Connick, 15 F.3d 1338, 1343 (5th Cir. 1994). “[M]ere conclusory allegations of conspiracy cannot, absent reference to material facts, state a substantial claim of federal conspiracy under 42 U.S.C. § 1983 .” Brinkmann v. Johnston, 793 F.2d 111, 113 (5th Cir. 1986) (quoting Arsenaux v. Roberts, 726 F.2d 1022, 1023 (5th Cir. 1982)).
discussed Cited as authority (rule) Lupi v. Diven
W.D. Tex. · 2020 · confidence medium
See Priester v. Lowndes Cnty., 354 F.3d 414, 420 (5th Cir. 2004); Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (5th Cir. 1982). “[M]ere conclusory allegations of conspiracy cannot, absent reference to material facts, state a substantial claim of federal conspiracy under 42 U.S.C. § 1983 .” Brinkmann v. Johnston, 793 F.2d 111, 113 (5th Cir. 1986).
discussed Cited as authority (rule) Rivera v. Harris County (2×) also: Cited "see"
S.D. Tex. · 2020 · confidence medium
Id. (arguing that a “conspiracy cannot be devined from allegations that do not include facts to show the accused conspirators agreed to commit an illegal act” (citing Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982))).
discussed Cited as authority (rule) Rivera v. Harris County
S.D. Tex. · 2020 · confidence medium
“To establish a cause of action based on conspiracy [under § 1983] a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts. 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) Dupard v. Lopinto
E.D. La. · 2020 · confidence medium
Doc. 1 at 28-29. 65 Shaw v. Villanueva, 918 F.3d 414, 419 (5th Cir. 2019) (quoting Pfannstiel v. City of Marion, 918 F.2d 1178, 1187 (5th Cir. 1990) (internal quotation marks omitted)). 66 Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982); see also Jabary v. City of Allen, 547 F. App’x 600, 610 (5th Cir. 2013) (“To prove a conspiracy under § 1983, a plaintiff must allege facts that indicate (1) there was an agreement among individuals to commit a deprivation, and (2) that an actual deprivation occurred.” (citing Cinel v. Connick, 15 F.3d 1338, 1343 (5th Cir.1994)). 67 Id. (citing…
cited Cited as authority (rule) Theodore Streater v. Sharon Allen
5th Cir. · 2020 · confidence medium
To establish a conspiracy claim under 42 U.S.C. § 1983 , Streater has to “show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) Conway v. Vannoy
M.D. La. · 2020 · confidence medium
Regarding the first element: “To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982) (Rubin, J.).
cited Cited as authority (rule) Spears v. McCraw
W.D. Tex. · 2019 · confidence medium
Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
cited Cited as authority (rule) Glen Hurlston v. City of Princeton, TX
5th Cir. · 2016 · confidence medium
However, “[t]o establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act.” Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
cited Cited as authority (rule) Howell v. Town of Ball
W.D. La. · 2015 · confidence medium
Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982). .
cited Cited as authority (rule) Theodore Smith v. Gabriel Hebert
5th Cir. · 2013 · confidence medium
See Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
discussed Cited as authority (rule) LaGordian Brown v. Eric Harrington (2×) also: Cited "see"
5th Cir. · 2013 · confidence medium
See id. at 11-12 ; Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) LaGordian Brown v. Michael Dove (2×) also: Cited "see"
5th Cir. · 2013 · confidence medium
See id. at 11-12 ; Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) LaGordian Brown v. Michael Dove (2×) also: Cited "see"
5th Cir. · 2013 · confidence medium
See id. at 11-12 ; Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
discussed Cited as authority (rule) LaGordian Brown v. Eric Harrington (2×) also: Cited "see"
5th Cir. · 2013 · confidence medium
See id. at 11-12 ; Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
discussed Cited as authority (rule) Shelton Modelist v. Angelica Hernandez (2×) also: Cited "see"
5th Cir. · 2012 · confidence medium
Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
cited Cited as authority (rule) Property One, Inc. v. USAgencies, L.L.C.
M.D. La. · 2011 · confidence medium
Arsenaux v. Roberts, 726 F.2d 1022, 1023-24 (5th Cir.1982).
discussed Cited as authority (rule) Polacek v. Kemper County, Miss.
S.D. Miss. · 2010 · confidence medium
See also Harrison v. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, No. 05-30370, — Fed.Appx. -, -, 2006 WL 558902 , *1 (5th Cir. Mar. 8, 2006) (recognizing that while “a non-state actor may be liable under [§] 1983 if the private citizen was a willful participant in joint activity with the State or its agents,” “[allegations that are merely conclusory, without reference to specific facts, will not suffice”); Priester v. Lowndes County, 354 F.3d 414, 420 (5th *953 Cir.2004) (stating that “[aj]llegations (of conspiracy) that are merely conclusory, without reference to speci…
cited Cited as authority (rule) Thompson v. Johnson
5th Cir. · 2009 · confidence medium
Ar- *923 senaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
cited Cited as authority (rule) Walzier v. McMullen
5th Cir. · 2009 · confidence medium
See Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995); Arsenaux v. Roberts, 726 F.2d 1022,1024 (5th Cir.1982).
cited Cited as authority (rule) Leggett v. Williams
5th Cir. · 2008 · confidence medium
See Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
discussed Cited as authority (rule) Batiste v. City of Beaumont
E.D. Tex. · 2005 · confidence medium
Rodriguez v. Neeley, 169 F.3d 220, 222 (5th Cir.1999); Hale v. Harney, 786 F.2d 688 , 690 (5th Cir.1986) (quoting Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982); Ellis v. Crawford, No. Civ.A. 3:03CV2416D, 2005 WL 525406 at *28 (N.D.Tex.
cited Cited as authority (rule) McCall v. Peters
5th Cir. · 2004 · confidence medium
See Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
cited Cited as authority (rule) Priester v. Lowndes County
5th Cir. · 2004 · confidence medium
See Brinkmann v. Johnston, 793 F.2d 111, 113 (5th Cir.1986); citing Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982).
discussed Cited as authority (rule) Hines v. Helms
5th Cir. · 2003 · confidence medium
Brinkmann v. Johnston, 793 F.2d 111, 113 (5th Cir. 1986); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir.1982) (holding that "mere conclusory allegations of conspiracy cannot, absent reference to material facts” state a claim of conspiracy).
discussed Cited as authority (rule) Ronald L. Davis v. Hershell D. Koger
Tenn. Ct. App. · 2000 · confidence medium
Instead of bald allegations that a conspiracy existed, the plaintiff must plead enough operative facts to give rise to a reasonable inference that a conspiracy existed, Lynch v. Cannatella, 810 F.2d 1363, 1370 (5th Cir. 1987); Arsenaux v. Roberts, 726 F.2d 1022, 1024 (5th Cir. 1982).
Retrieving the full opinion text from the archive…
Richard ARSENAUX, Plaintiff-Appellant,
v.
Henry J. ROBERTS, Jr., Et Al., Defendants-Appellees
81-3812.
Court of Appeals for the Fifth Circuit.
Oct 4, 1982.
726 F.2d 1022
1982 U.S. App. LEXIS 25105
Frank Sloan, New Orleans, La., for plaintiff-appellant., Kendall L. Vick, Eavelyn T. Brooks, Patricia Nalley Bowers, Asst. Attys. Gen., La. Dept, of Justice, New. Orleans, La., for Roberts., Lemle, Kelleher, Kohlmeyer & Matthews, H. Martin Hunley, Jr., C. William Bradley, Jr., Joel P. Loeffelholz, New Orleans, La., for Jacobs.
Rubin, Johnson, Williams.
Cited by 108 opinions  |  Published
ALVIN B. RUBIN, Circuit Judge.

A suitor who lost a domestic relations action in state court seeks redress in a claim for damages against the state trial judge and his wife’s lawyer on the basis that they violated his civil rights by conspiring to decide the suit in favor of his wife in advance of the trial. The complaint for the second battle is founded on 42 U.S.C. § 1983. The district judge dismissed the complaint for failure to state a claim on which relief could be granted. He reasoned that the judge was protected by judicial immunity. The conspiracy allegations against the lawyer were but conclusory and Arsenaux was not able (or not willing), upon being given the opportunity, to amend his complaint to make the allegations specific. Finding the dismissal justified, we affirm.

Arsenaux contends that the state trial judge improperly excluded evidence, conspired with his wife’s lawyer to predetermine the outcome of the case, and awarded Mrs. Arsenaux a divorce without requiring her to make a prima facie case. He also contends that the judgment was corrected to award his wife separation after improper communication between her lawyer and the state judge, and that costs were assessed against him in violation of the law.

“[I]t is well settled,” as we stated in Rheuark v. Shaw, 628 F.2d 297, 304 (5th Cir.1980), cert, denied, 450 U.S. 931, 101 S.Ct. 1392, 67 L.Ed.2d 365 (1981),

that a “judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors.” Stump v. Sparkman, 435 U.S. 349, 359, 98 S.Ct. 1099 [1106], 55 L.Ed.2d 331 (1978). Moreover, a judge cannot “be deprived of immunity because the action [or inaction] he took [or did not take] was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in ‘clear absence of all jurisdiction’;” Id. at 356-57, 98 S.Ct. at 1105.

this immunity from § 1983 suits protects the judge against liability for all but nonjudicial acts. In determining whether a particular act is judicial, two factors must be considered, “(1) ‘whether it is a function normally performed by a judge,’ and (2) ‘whether [the' parties] dealt with the judge in his judicial capacity.’ ” Id. at 304-05, quoting Stump, 435 U.S. at 362, 98 S.Ct. at 1107, 55 L.Ed.2d at 342.

To support his charge against the judge for conspiracy with Mrs. Arsenaux’s lawyer to determine the outcome of the case, Arsenaux contends that the judge improperly excluded evidence; awarded a divorce based upon abandonment on insufficient evidence, amended the judgment ex parte to an award of separation after improper communications between the defendants; awarded child custody and increased child support on insufficient evidence; and awarded costs to his wife in violation of the law. Arsenaux’s counsel at the hearing admitted, as was indeed evident, that all of these contentions related to alleged errors made by the judge in his judicial role. He could offer no evidence tending to show in any way that there was an improper agreement with Mrs. Arsenaux’s counsel in advance. In Rankin v. Howard, 633 F.2d 844, 850 (9th Cir.1980), cert, denied, 451 U.S. 939,101 S.Ct. 2020, 68 L.Ed.2d 326 (1981), relied upon by Arsenaux, Rankin’s allegations raised material issues of fact concerning an improper prior agreement. The general charges here are conclusory, and no specific allegation of[*1024] facts tending to show a prior agreement has been made. There was no error, therefore, in the finding that the judge was entitled to immunity. See Aldabe v. Aldabe, 616 F.2d 1089, 1091 (9th Cir.1980).

Arsenaux next contends that the district court erred in ruling that the immunity of a judge under 42 U.S.C. § 1983 extends to a private citizen coconspirator. Such a ruling indeed would be error, but the trial judge did not base his ruling on that mistaken notion. Instead he found:

“... in addition to my decision that the Judge was entitled to judicial immunity, which, of course, the attorney is not, the Court has based that decision [granting the lawyer’s motion] in large part upon the inadequacy of pleadings. There could, of course, I think, be a possibility of a complaint against the Judge which would vitiate judicial immunity if some outside conspiracy were shown. The dialogue that I’ve had. with counsel indicates to me that counsel could not make such allegations in good faith as required by Rule 11 at this time, based upon counsel’s responses to my questions.
Since that could not be done against the Judge, I’m satisfied that it likewise could not be done against the attorney.

A conspiracy cannot be divined from allegations of trial errors, the ex parte amendment of the complaint after improper communications, and the assessment of court costs. To establish a cause of action based on conspiracy a plaintiff must show that the defendants agreed to commit an illegal act. Crowe v. Lucas, 595 F.2d 985, 993 (5th Cir.1979). The conspiracy allegations made by Arsenaux are conclusory, and more than a blanket of accusation is necessary to support a § 1983 claim. Aldabe v. Aldabe, 616 F.2d at 1092; Slotnick v. Staviskey, 560 F.2d 31, 33 (1st Cir.1977). See also Cole v. Gray, 638 F.2d 804, 811 (5th Cir.), cert, denied, 454 U.S. 838, 102 S.Ct. 144, 70 L.Ed.2d 120 (1981); Newbold v. United States Postal Service, 614 F.2d 46, 47 (5th Cir.) (per curiam), cert, denied, 449 U.S. 878, 101 S.Ct. 225, 66 L.Ed.2d 101 (1980).

The district court gave Arsenaux an opportunity to amend his complaint, but he elected to stand on his pleadings with respect to Mrs. Arsenaux’s lawyer. The following discussion took place at the hearing on the motions to dismiss:

THE COURT:
Now we turn to the suit against the attorney here. You are faced immediately with the first contention that you have not made sufficient allegations of conspiracy against him to satisfy the requirements of federal rules.
Now, do you have anything additional to say there, other than the fact that he acted as an advocate in trying to get the Judge to do these things about which you have complained on the Judge?
BY MR. SLOAN [attorney for Arse-naux]:
My position is as stated. I think I’ve pled sufficiently.

Arsenaux has failed to state any factual basis to support the charge that,his wife’s lawyer conspired with the state trial judge. Mere conclusory allegations of conspiracy cannot, absent reference to material facts, survive a motion to dismiss. Slotnick v. Staviskey, 560 F.2d at 33. In response to a request for a more definitive statement of the conspiracy, Arsenaux filed nothing. Nor did he amend his complaint as the judge would have allowed. He elected to rely on an insufficient charge.

For these reasons, the judgment is AFFIRMED.