A plaintiff must allege facts sufficient to suggest an agreement among parties to state a claim for conspiracy under 42 U.S.C. § 1985(3).
An insurance adjuster sued state and private actors, alleging they conspired to deprive him of equal protection and privileges under the laws. The district court dismissed the complaint for failure to state a claim. On appeal, the court reviews the dismissal de novo. The court holds that to state a claim under 42 U.S.C. § 1985(3), a plaintiff must allege that two or more persons conspired to directly or indirectly deprive him of the equal protection of the laws or equal privileges and immunities. Because the plaintiff failed to plead facts suggesting an agreement among the parties to commit a constitutional deprivation, the court affirms the dismissal.
At page 1086 Elements of a section 1981 claim for racial discrimination85 citing cases“a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one or more of the activities enumerated in the statute”
- Shawl v. Dillard's Inc., 17 F. App'x 908 (10th Cir. 2001).unpublished(A plaintiff makes out a prima facie case under § 1981 of discrimination in hotel accommodations when she demonstrates that (1) she is a member of a protected class, (2) she sought to enter into or had a contract with a…)
- Grant, No. 2:24-cv-02616 (E.D. La. July 6, 2026).“To state a claim of discrimination under Section 1981, ‘a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defe…
- Hertz, No. 1:25-cv-01739 (W.D. Tex. June 16, 2026).“(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one or more of the activities enumerated in the statute”
- Bhejana, No. 1:25-cv-02009 (W.D. Tex. June 1, 2026).Ins., 869 F.3d 381, 386 (5th Cir. 2017) (citing Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Lewis, No. 1:24-cv-00188 (N.D. Miss. Apr. 20, 2026).“(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one or more of the activities enumerated in the statute”
- Obienu, No. 2:25-cv-00417 (E.D. La. Jan. 5, 2026).Am.-Owned Media, 589 U.S. 327, 341 , 140 S. Ct. 1009, 1019 , 206 L. Ed. 2d 356 (2020). 45 Green v. State Bar of Texas, 27 F.3d 1083, 1086 (5th Cir. 1994) 46 Wilson v. Houston Cmty. Coll.
- Jones, No. 2:25-cv-00998 (E.D. La. Oct. 29, 2025).Ins., 869 F.3d 381, 386 (5th Cir. 2017) (citing Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Broussard, No. 2:24-cv-01168 (W.D. La. Sept. 29, 2025).Appx. 311 , 316 (5th Cir. 2020) (quoting Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Jones v. U.S. Bank Trust Nat'l Ass'n, No. 2:25-cv-00998 (E.D. La. Aug. 21, 2025).Ins., 869 F.3d 381, 386 (5th Cir. 2017) (citing Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Edwards v. Ochsner Clinic, L.L.C., No. 2:25-cv-00741 (E.D. La. Aug. 8, 2025).Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994).
Show 72 more citing cases
- Sullivan v. Atl. Plant Maint., No. 3:23-cv-01450 (M.D. La. Feb. 5, 2025). Plaintiffs attempting to establish a § 1981 claim “must allege that (1) they are members of a racial minority; (2) [d]efendants intended to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activiti…
- Hess 353733 v. Arizona, State of, No. 4:24-cv-00247 (D. Ariz. Dec. 27, 2024).Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994). 12 Plaintiff does not allege facts to support a claim of discrimination against him based 13 upon his race nor does he connect any such allegations of discrimination to one or more of 14 the…
- Robinson v. Ashland Inc., No. 1:24-cv-00097 (E.D. Tex. Dec. 18, 2024).Ins., 869 F.3d 381, 386 (5th Cir. 2017); Causey v. Sewell Cadillac-Chevrolet, Inc., 394 F.3d, 288 -89 (5th Cir. 2004); Felton, 315 F.3d at 483 (citing Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Georgalis v. State Fair of Texas, No. 3:23-cv-01682 (N.D. Tex. Oct. 31, 2024).“a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination con…”
- Stennis v. Moorings of Oak Harbor Prop. Owners' Ass'n, No. 2:24-cv-00269 (E.D. La. Sept. 17, 2024). Tex. June 15, 2010). 95 § 1981(a). 96 § 1981(b). 97 42 U.S.C. § 1982 . 98 Hager v. Brinker Tex., Inc., 102 F.4th 692, 700 (5th Cir. 2024) (citing Williams v. Dillard's Dep't Stores, Inc., 211 F. App'x 327, 329 (5th Cir. 2006)). 99 Abdallah…
- Gary Monbelly v. Allied Universal Prot. Servs., No. 2:24-cv-00078 (W.D. La. Aug. 5, 2024).A plaintiff alleging a § 1981 discrimination claim must sufficiently plead: “(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one o…
- Georgalis v. State Fair of Texas, No. 3:23-cv-01682 (N.D. Tex. May 30, 2024).“a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination con…”
- Konan v. USPS, 96 F.4th 799 (5th Cir. 2024).published“(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one or more of the activities enumerated in the statute”
- Scott v. Struga Mgmt., No. 5:22-cv-00052 (W.D. Tex. Feb. 9, 2024).Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994).
- Hatch v. Barrett, No. 2:20-cv-01791 (E.D. Wis. Oct. 23, 2023).“To establish a claim under § 1981, the plaintiffs must show that (1) they are members of a racial minority; (2) the defendant[s] had an intent to discriminate on the basis of race; and (3) the discrimination concerned one or more of the a…
- Nicholson v. A.H.D. Houston, Inc., No. 4:21-cv-02624 (S.D. Tex. Sept. 28, 2022).State Bar of Texas, 27 F.3d 1083, 1086 (Sth Cir. 1994).
- Adams v. Houston Cmty. Coll., No. 4:22-cv-01547 (S.D. Tex. Sept. 12, 2022).Section 198x is limited to intentional discrimination only.° Disparate impact claims are not actionable under Section 1981.” * Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994). * See generally, CROCS West, Inc. v. Humpbries,…
- Stevenson v. Avis Car Rental, No. 2:21-cv-02181 (E.D. La. Aug. 19, 2022).Therefore, Stevenson’s § 1981 claim must be dismissed. 43 Green v. State Bar, 27 F.3d 1083, 1086 (5th Cir. 1994). 44 42 U.S.C. § 1981 (a). 45 Body by Cook, Inc. v. State Farm Mut.
- Stevenson v. Avis Car Rental, No. 2:21-cv-02181 (E.D. La. June 1, 2022).Doc. 18-1 at 7. 59 Green v. State Bar, 27 F.3d 1083, 1086 (5th Cir. 1994). 60 42 U.S.C. § 1981 (a). 61 Rec.
- Arvie v. Vidrine, No. 6:21-cv-01387 (W.D. La. Sept. 22, 2021).Green v. State Bar of Texas, 27 F.3d 1083, 1086 (5th Cir.1994).
- Antonetti v. Walmart, No. 2:21-cv-00294 (E.D. La. Aug. 27, 2021). Ins., 869 F.3d 381, 386 (5th Cir. 2017) (citing Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir. 1997); Green v. State Bar of Tex., 27 F.3d 1083, 1086 (5th Cir. 1994)).
- Bolden v. Am. Airlines Inc, No. 4:21-cv-00603 (N.D. Tex. Aug. 5, 2021).To state a discrimination claim under Section 1981, “a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendan…
- Hoyte v. Am. Nat'l Ins. Co., No. 3:20-cv-00545 (N.D. Tex. July 6, 2021).“(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one or more of the activities enumerated in the statute”
- Glover v. Economical Janitorial & Paper Supplies L L C, No. 1:20-cv-01655 (W.D. La. May 11, 2021).A plaintiff alleging a § 1981 discrimination claim must sufficiently plead: “(1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination concerns one o…
- Piotrowski v. City of Houston, 51 F.3d 512 (5th Cir. 1995).published
- Bellows v. Amoco Oil Co, TX, 118 F.3d 268 (5th Cir. 1997).published
- Warson v. Walt Disney Co., No. 99-50050 (5th Cir. Aug. 27, 1999).unpublished
- Mowbray v. Cameron Cnty., TX, 274 F.3d 269 (5th Cir. 2001).published
- Azteca Enterprizes v. Dallas Area Rapid, No. 01-10213 (5th Cir. Feb. 7, 2002).unpublished
- Felton v. Polles, 315 F.3d 470 (5th Cir. 2002).published
- Dickerson v. O'Neill, No. 03-20050 (5th Cir. June 30, 2003).unpublished
- Magic Carpet Limousines v. DFW Int'l Airport, 72 F. App'x 1001 (5th Cir. 2003).unpublished
- Eberhardt v. Merck & Co Inc, 106 F. App'x 277 (5th Cir. 2004).unpublished
- Torres v. Cnty. of Webb, 150 F. App'x 286 (5th Cir. 2005).unpublished
- Chapman v. Arlington Hous. Auth., 145 F. App'x 496 (5th Cir. 2005).unpublished
- McCoy v. Homestead Studio Suites Hotels, 177 F. App'x 442 (5th Cir. 2006).unpublished
- Crawford v. City of Houston Texas, 260 F. App'x 650 (5th Cir. 2007).unpublished
- James v. Scott, No. 08-10066 (5th Cir. Oct. 21, 2008).unpublished
- Malik v. Cont'l Airlines Inc., 305 F. App'x 165 (5th Cir. 2008).unpublished
- McNulty v. J C Penney Co., 305 F. App'x 212 (5th Cir. 2008).unpublished
- Bernie Harry v. Wayne Marchant, 237 F.3d 1315 (11th Cir. 2001).published
- Terry James v. Wanda Par., 421 F. App'x 469 (5th Cir. 2011).unpublished
- Darryl Morris v. Off. Max, Inc., 89 F.3d 411 (7th Cir. 1996).published
- Lois Christian Amber Edens v. Wal-Mart Stores, Inc., 252 F.3d 862 (6th Cir. 2001).published
- Thomas v. St. Luke's Health Sys., Inc., 869 F. Supp. 1413 (N.D. Iowa 1994).published
- Hampton v. Dillard Dep't Stores, Inc., 985 F. Supp. 1055 (D. Kan. 1997).published
- Murphy v. Wal-Mart Assocs.' Grp. Health Plan, 882 F. Supp. 95 (E.D. Tex. 1995).published
- Hunt v. Steve Dement Bail Bonds, Inc., 914 F. Supp. 1390 (W.D. La. 1996).published
- Bluitt v. Houston Indep. Sch. Dist., 236 F. Supp. 2d 703 (S.D. Tex. 2002).published
- Guidry v. Pellerin Life Ins. Co., 364 F. Supp. 2d 592 (W.D. La. 2005).published
- Thomas v. Exxon, U.S.A., 943 F. Supp. 751 (S.D. Tex. 1996).published
- Van v. Anderson, 199 F. Supp. 2d 550 (N.D. Tex. 2002).published
- Benton v. Cousins Props., Inc., 230 F. Supp. 2d 1351 (N.D. Ga. 2002).published
- Burton v. Plastics Rsch. Corp., 134 F. Supp. 2d 881 (E.D. Mich. 2001).published
- Goins v. Hitchcock I.S.D., 191 F. Supp. 2d 860 (S.D. Tex. 2002).published
- MacArthur v. San Juan Cnty., 416 F. Supp. 2d 1098 (D. Utah 2005).published
- Jeffery v. Home Depot U.S.A., Inc., 90 F. Supp. 2d 1066 (S.D. Cal. 2000).published
- Able Sec. & Patrol, LLC. v. Louisiana, 569 F. Supp. 2d 617 (E.D. La. 2008).published
- Weingarten Realty Investors v. Albertson's, Inc., 66 F. Supp. 2d 825 (S.D. Tex. 1999).published
- United States v. Ford Motor Co., 516 F. Supp. 2d 770 (W.D. Tex. 2007).published
- Edwards & Assocs., Inc. v. Black & Veatch, L.L.P., 84 F. Supp. 2d 1182 (D. Kan. 2000).published
- Allen v. U.S. Bancorp, 264 F. Supp. 2d 945 (D. Or. 2003).published
- Bobbitt ex rel. Bobbitt v. Rage Inc., 19 F. Supp. 2d 512 (W.D.N.C. 1998).published
- Kokes v. Angelina Coll., 220 F. Supp. 2d 661 (E.D. Tex. 2002).published
- Peterson v. California Dep't of Corr. & Rehab., 451 F. Supp. 2d 1092 (E.D. Cal. 2006).published
- McCoy v. Homestead Studio Suites Hotels, 390 F. Supp. 2d 577 (S.D. Tex. 2005).published
- Body by Cook, Inc. v. State Farm Mut. Auto. Ins., 869 F.3d 381 (5th Cir. 2017).published
- Perry v. VHS San Antonio Partners, 990 F.3d 918 (5th Cir. 2021).published
- Ellis v. Saf. Ins., 672 N.E.2d 979 (Mass. App. Ct. 1996).published
- Anderson v. Sikorsky Support Servs., Inc., 66 F. Supp. 3d 863 (S.D. Tex. 2014).published
- Brown v. Bd. of Trs. Sealy Indep. Sch. Dist., 871 F. Supp. 2d 581 (S.D. Tex. 2012).published
- Gallentine v. Hous. Auth., 919 F. Supp. 2d 787 (E.D. Tex. 2013).published
- Ricks v. Friends of WWOZ, Inc., No. 2:18-cv-09767, 2019 WL 3858950 (E.D. La. Aug. 15, 2019).
- Pullins v. Hancock Whitney Bank, No. 3:19-cv-00006 (M.D. La. Mar. 25, 2020).
- Marrone v. Texas Mun. Power Agency, No. 4:19-cv-04400 (S.D. Tex. Jan. 25, 2021).
- Flournoy v. Omni Hotels Mgmt. Corp., No. 1:19-cv-01128 (W.D. Tex. Sept. 21, 2020).
- Mendoza v. Inslee, No. 3:19-cv-06216 (W.D. Wash. Mar. 17, 2020).
At page 1087 Analyzing antitrust claims against state agency and counsel49 citing casesplaintiff cannot evade Eleventh Amendment by suing state employees in their official capacity
- David A. Dodson v. Marsha McLane & Mgmt. & Training Corp., No. 1:25-cv-01162 (W.D. Tex. July 27, 2026).Green v. State Bar of Texas, 27 F.3d 1083,1087 (5th Cir. 1994).
- Marsh, No. 5:22-cv-05338 (W.D. La. Mar. 3, 2026).(plaintiff cannot evade Eleventh Amendment by suing state employees in their official capacity)
- Rideaux, No. 1:25-cv-01340 (W.D. Tex. Oct. 20, 2025).Green v. State Bar of Tex., 27 F.3d 1083,1087 (5th Cir. 1994).
- Zarate, No. 1:25-cv-01445 (W.D. Tex. Sept. 10, 2025).Green v. State Bar of Tex., 27 F.3d 1083,1087 (5th Cir. 1994).
- Dantzler v. Bourgeois, Jr, No. 3:24-cv-01018 (M.D. La. Sept. 9, 2025).(plaintiff cannot evade Eleventh Amendment by suing state employees in their official capacity)
- Alford v. Paxton, No. 4:24-cv-01679 (S.D. Tex. Feb. 3, 2025).Tex. May 9, 2005) (citing Green v. State Bar of Tex., 27 F.3d 1083, 1087-88 (5th Cir. 1994)) (“The Executive Director of the State Bar of Texas…is an official of the State of Texas and is entitled to absolute immunity from suit.”).
- White v. State of Texas, No. 1:19-cv-01244 (W.D. Tex. Aug. 6, 2024).Green v. State Bar of Texas, 27 F.3d 1083,1087 (5th Cir. 1994).
- Washington v. State Bar of Texas, No. 1:23-cv-00526 (W.D. Tex. Jan. 25, 2024).(dismissing claims against the Texas Bar’s Unauthorized Practice of Law Committee as barred by sovereign immunity)
- Coby v. Court of Crim. Appeals, No. 1:23-cv-00104 (W.D. Tex. Sept. 14, 2023).Green v. State Bar of Tex., 27 F.3d 1083,1087 (5th Cir. 1994). -7- Moreover, federal district courts do not have jurisdiction to issue a writ of mandamus against a state actor or agency.
- McNeal v. Texas Bd. of Pardons & Paroles Bd. Admin., No. 1:23-cv-00502 (W.D. Tex. June 29, 2023).Green v. State Bar of Texas, 27 F.3d 1083,1087 (5th Cir. 1994).
Show 38 more citing cases
- MacTruong v. Abbott, No. 1:22-cv-00476 (W.D. Tex. Aug. 31, 2022).Green v. State Bar of Texas, 27 F.3d 1083, 1087 (5th Cir. 1994).
- Barnhill v. Lofton, No. 6:20-cv-00016 (W.D. Tex. Feb. 8, 2022).The Eleventh Amendment may not be evaded by suing state agencies or state employees in their official capacity because such an indirect pleading remains in essence a claim upon the state treasury. , 27 F.3d 1083,1087 (5th Cir. 1994).
- Bergeson v. State of South Dakota, No. 1:21-cv-01026 (D.S.D. Dec. 6, 2021).Tex. Feb. 10, 2021) (explaining how suits against state bar associations fall on state sovereign immunity grounds because they tpically are “state agenc[ies] that [are] protected from suit in federal court by Eleventh Amendment immunity.”)…
- Lumsden v. Davis, 525 F. Supp. 3d 782 (W.D. Tex. 2021).publishedA suit against a state official in their official capacity is no different than a suit against the state itself. , 27 F.3d 1083, 1087 (5th Cir. 1994).
- Woods v. Young, No. 97-10565 (5th Cir. Mar. 26, 1998).unpublished
- Nationwide Mut. Ins. Co. v. Unauthorized Practice of Law Comm., 283 F.3d 650 (5th Cir. 2002).published
- Harris v. Ashby, No. 01-11110 (5th Cir. July 11, 2002).unpublished
- Washington Legal Found. v. Texas Equal Access to Just. Found., 873 F. Supp. 1 (W.D. Tex. 1995).published
- Doctor's Hosp. of Jefferson, Inc. v. Se. Med. All., Inc., 897 F. Supp. 290 (E.D. La. 1995).published
- Messer v. Meno, 936 F. Supp. 1280 (W.D. Tex. 1996).published
- Doctor's Hosp. of Jefferson, Inc. v. Se. Med. All., Inc., 889 F. Supp. 879 (E.D. La. 1995).published
- Hockaday v. Texas Dep't of Crim. Just., 914 F. Supp. 1439 (S.D. Tex. 1996).published
- LeClerc v. Webb, 270 F. Supp. 2d 779 (E.D. La. 2003).published
- Arnett ex rel. Est. of Arnett v. Strayhorn, 515 F. Supp. 2d 690 (W.D. Tex. 2006).published
- W. David Nichols v. Alabama State Bar, 815 F.3d 726 (11th Cir. 2016).published
- Carter v. Vujasinovic, No. 2019-3746 (D.D.C. Apr. 29, 2020).published
- Spec's Fam. Partners, Ltd. v. Exec. Dir., 972 F.3d 671 (5th Cir. 2020).published
- Pharmacy Buying Assoc., Inc. v. Sebelius, 906 F. Supp. 2d 604 (W.D. Tex. 2012).published
- Howard v. Forrest Cnty., No. 2:19-cv-00084 (S.D. Miss. Aug. 5, 2020).
- Yan v. State Bar of Texas, No. 4:23-cv-00758 (N.D. Tex. Apr. 23, 2024).
- Henderson v. Davis, No. 1:19-cv-01242 (W.D. Tex. Jan. 24, 2020).
- Ybanez v. Stipe, No. 6:19-cv-00277 (W.D. Tex. Feb. 19, 2020).
- White v. State of Texas, No. 1:19-cv-01244 (W.D. Tex. Mar. 11, 2020).
- McElderry v. Saunders, No. 1:19-cv-01005 (W.D. Tex. Mar. 13, 2020).
- Beard v. Jackson, No. 1:19-cv-00710 (W.D. Tex. Mar. 13, 2020).
- Cruts v. Travis Cnty. Corr. Complex, No. 1:19-cv-01224 (W.D. Tex. Feb. 3, 2020).
- Gooden-El v. State of Texas, No. 1:20-cv-00159 (W.D. Tex. Apr. 13, 2020).
- Hernandez v. Collier, No. 1:20-cv-00411 (W.D. Tex. Apr. 21, 2020).
- Cruz v. State of Texas, No. 1:19-cv-01254 (W.D. Tex. Apr. 1, 2020).
- Adanai-H'Aretz v. Abbott, No. 1:20-cv-00480 (W.D. Tex. July 16, 2020).
- Martinez v. State of Texas, No. 1:20-cv-01105 (W.D. Tex. Nov. 10, 2020).
- Taylor v. Nelson, No. 6:19-cv-00467 (W.D. Tex. Dec. 1, 2020).
- Barnhill v. Lofton, No. 6:20-cv-00016 (W.D. Tex. Dec. 4, 2020).
- Richardson v. Davis, No. 6:20-cv-00130 (W.D. Tex. Jan. 14, 2021).
- Luna v. Collier, No. 1:20-cv-00685 (W.D. Tex. Feb. 9, 2021).
- Lumsden v. Davis, No. 6:20-cv-00113 (W.D. Tex. Feb. 12, 2021).
- Adkins v. Slayton, No. 1:20-cv-00950 (W.D. Tex. Mar. 1, 2021).
- Grizzle v. Stipes, No. 6:20-cv-00183 (W.D. Tex. Mar. 10, 2021).
At page 1089 Evaluating conspiracy claims under 42 U.S.C. § 1985(3)26 citing cases“to state a claim under 1985(3), appellant must allege that two or more persons conspired to directly, or indirectly, deprive him of the equal protection of the laws or equal privileges and immunities under the laws.”
- Est. of the Decedent v. Hawthorne, No. 24-40561 (5th Cir. Oct. 1, 2025).unpublished“allege facts that suggest an agreement among the alleged co-conspirators existed”
- Washington v. Hostetter, No. 1:23-cv-00370 (S.D. Miss. Sept. 23, 2025). See 42 U.S.C. § 1985 ; Green v. State Bar of Texas, 27 F.3d 1083, 1089 (5th Cir. 1994); Am.
- Washington v. Cain, No. 1:23-cv-00370 (S.D. Miss. Jan. 7, 2025). (interpreting § 1985(3))
- Hershner v. City of Dallas, No. 23-11214 (5th Cir. Oct. 11, 2024).unpublished(evaluating a conspiracy claim under 42 U.S.C. § 1985 (3))
- Odeh v. Butler, No. 2:19-cv-13212 (E.D. La. Oct. 4, 2024).Fund, 706 F. App’x 147, 152 (5th Cir. 2017) (noting “the record does not show evidence of an agreement between [defendants], which is a necessary element of a conspiracy to violate civil rights under 42 U.S.C. § 1985 (3)”) (citing Green v.…
- Stennis v. Moorings of Oak Harbor Prop. Owners' Ass'n, No. 2:24-cv-00269 (E.D. La. Sept. 17, 2024). Tex. June 15, 2010). 95 § 1981(a). 96 § 1981(b). 97 42 U.S.C. § 1982 . 98 Hager v. Brinker Tex., Inc., 102 F.4th 692, 700 (5th Cir. 2024) (citing Williams v. Dillard's Dep't Stores, Inc., 211 F. App'x 327, 329 (5th Cir. 2006)). 99 Abdallah…
- Justiss Oil Co. v. Kerr-McGee Refining Corp., 75 F.3d 1057 (5th Cir. 1996).published
- West v. State, 92 F.3d 1385 (5th Cir. 1996).published
- Craddock Int'l Inc. v. W.K.P. Wilson & Son, Inc., 116 F.3d 1095 (5th Cir. 1997).published
- United States v. Damper, No. 99-60291 (5th Cir. Mar. 14, 2000).unpublished
Show 15 more citing cases
- Newsome v. EEOC, 301 F.3d 227 (5th Cir. 2002).published
- Leeper v. United States, No. 01-50839 (5th Cir. Oct. 10, 2002).unpublished
- DeLeon v. City of Haltom City, 106 F. App'x 909 (5th Cir. 2004).unpublished
- Richards v. Johnson, 115 F. App'x 677 (5th Cir. 2004).unpublished
- Hines v. State of Texas, 129 F. App'x 100 (5th Cir. 2005).unpublished
- Sanchez v. Abbott Labs. Inc., 134 F. App'x 654 (5th Cir. 2005).unpublished
- First Colony Life v. Kreppein, No. 08-30409 (5th Cir. Oct. 16, 2008).unpublished
- Kenner Jackson v. Kathy Biedenharn, 429 F. App'x 369 (5th Cir. 2011).unpublished
- Hall v. Doering, 997 F. Supp. 1445 (D. Kan. 1998).published
- Audrey Coleman v. Todd Sellars, 614 F. App'x 687 (5th Cir. 2015).unpublished
- Vasudevan v. Administrators of Tulane Educ. Fund, 706 F. App'x 147 (5th Cir. 2017).unpublished
- Carolyn Dawson v. Bank of New York Mellon, No. 19-20224 (5th Cir. Dec. 12, 2019).unpublished
- Blakely v. Andrade, 360 F. Supp. 3d 453 (N.D. Tex. 2019).published
- Poullard v. Jones, No. 3:20-cv-02439 (N.D. Tex. June 10, 2021).
- Cunningham v. Turner, No. 3:24-cv-00154 (N.D. Tex. May 31, 2024).
At page 1088 Grant of absolute immunity to agency officials in administrative proceedings6 citing casesconcluding that attorney for state bar’s Unauthorized Practice of Law Committee performed duties analogous to that of public prosecutors and 36 agency officials in administrative adjudication process, and attorney was therefore entitled to protection of absolute immunity from civil suit for damages
- Rahdar v. Caballero, No. 3:25-cv-00051 (S.D. Tex. July 29, 2025).“facts that suggest that an agreement existed among the state and private actors to deprive him of his constitutional rights”
- Holly Crampton v. Comm'n for Lawyer Discipline, No. 01-20-00249-CV (Tex. App.—Houston [1st Dist.] Mar. 31, 2022).published(concluding that attorney for state bar’s Unauthorized Practice of Law Committee performed duties analogous to that of public prosecutors and 36 agency officials in administrative adjudication process, and attorney was t…)
- Leal-Rodriguez v. Keys, 289 F. App'x 796 (5th Cir. 2008).unpublished
- Dannon Sellers v. Charles Plattsmier, 637 F. App'x 111 (5th Cir. 2015).unpublished
- Holly Gail Crampton v. Susan Morgan Farris, 596 S.W.3d 267 (Tex. App.—Houston [1st Dist.] 2019).published
- Polidi v. Bannon, 226 F. Supp. 3d 615 (E.D. Va. 2016).published
v.
STATE BAR OF TEXAS, Unauthorized Practice of Law Committee, Et Al., Defendants, Mark Ticer, Individually, Et Al., Defendants-Appellees
Appellant, Bennie Green, d/b/a Eagle Consulting Firm, appeals from the district court’s grant of Appellees’ motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Appellant sued several state and private actors under 42 U.S.C. §§ 1981,1983, 1985(3), 1986 and the Sherman Antitrust Act, 15 U.S.C. § 1. We affirm.
BACKGROUND
Bennie Green, d/b/a Eagle Consulting Firm, is an insurance adjuster licensed by the state of • Texas. In August 1991, the Unauthorized Practice of Law Committee (UPLC), acting under the authority granted to it by Texas Government Code § 81.102(a), sued Green to prevent him from engaging in the unauthorized practice of law. After a hearing in August 1991, the state district court issued a temporary injunction against Green. On November 5, 1991, the state district court converted the temporary injunction to a permanent injunction. Because Green was not a party to the November 5 proceeding, the state district court vacated the permanent injunction and reinstated the temporary injunction.
In response, Green filed this action against the UPLC; Mark Ticer, legal counsel for the UPLC; James Blume, chairman of the[*1086] UPLC; State Farm Insurance Company; Travelers Insurance Company and Rodney D. Young Insurance Agency. In December 1992, the district court granted all defendants’ motions to dismiss under Rule 12(b)(6), but granted Green leave to amend his complaint. Green filed an amended complaint, but because he failed to correct the deficiencies of his original complaint, the district court again granted the defendants’ motions to dismiss. Green appeals.
DISCUSSION
I. Standard of Review
We review a Rule 12(b)(6) dismissal de novo. We must accept all well-pleaded facts as true, and we review them in the light most favorable to the plaintiff. We may not look beyond the pleadings. A dismissal will not be affirmed if the allegations support relief on any possible theory. McCartney v. First City Bank, 970 F.2d 45, 47 (5th Cir.1992).
II. Section 1981 Claims
In his complaint, Appellant alleges that he entered into contracts with his clients to negotiate settlements of their insurance claims with State Farm. Appellant argues that State Farm refused, solely because of his race, [1] to honor his client contracts in violation of 42 U.S.C. § 1981. [2]
To establish a claim under § 1981, a plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) the discrimination con-ceras one or more of the activities enumerated in the statute. See Mian v. Donaldson, Lufkin & Jenrette Secs. Corp., 7 F.3d 1085, 1087 (2d Cir.1993). The “enumerated activity” implicated in this ease is the right to “make and enforce contracts.”
In Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), [3] the Supreme Court explained what is meant by “make and enforce contracts”: “Section 1981 cannot be construed as a general proscription of racial discrimination in all aspects of contract relations, for it expressly prohibits discrimination only in the making and enforcement of contracts.” Id. at 176, 109 S.Ct. at 2372. The Court further elaborated that the making of contracts extended only to the formation of a contract and not to problems that may arise later. Id. The second protection regarding enforcement of contracts “prohibits discrimination that infects the legal process in ways that prevent one from enforcing contract rights, by reason of his or her race, and this is so whether this discrimination is attributed to a statute or simply to existing practices.” Id. at 177, 109 S.Ct. at 2373.
Appellant has failed to allege facts in his complaint that place him in the ambit of protection under § 1981 as defined by the Supreme Court in Patterson. Appellant has not complained that State Farm refused to contract with him or that State Farm somehow impeded his right to enforce a contract in either the courts or nonjudicial avenues. All he alleges is that State Farm refused to honor a third-party contract he had with his clients. Thus, Appellant has failed to allege[*1087] how State Farm could have discriminated against Appellant in the formation or enforcement of any contract. Accordingly, Appellant has presented no viable claim upon which relief can be granted under § 1981.
III. Antitrust Claims
Appellant asserts that the defendants violated § 1 of the Sherman Antitrust Act, 15 U.S.C. § l. [4] Section 1 of the Sherman Antitrust Act forbids contracts, combinations, or conspiracies in restraint of trade or commerce. 15 U.S.C. § 1. To prevail on a § 1 Sherman Antitrust Act claim, Appellant must show that the defendants’ conspiracy produced some anti-competitive effect in the relevant market. See Kiepfer v. Better, 944 F.2d 1213, 1221 (5th Cir.1991). Appellant may not just show that defendants’ actions injured him but must also demonstrate that the defendants’ actions unreasonably restrained competition. Id.
Appellant first alleges that Ticer conspired with the other defendants to cause Appellant’s clients to breach their contracts with Appellant so that they might enter into contracts for representation with Ticer and other members of the State Bar of Texas. Appellant also alleges that defendants [5] in pursuit of a conspiracy forced him to cease doing business. Such allegations do not sufficiently state a claim under § 1 as they demonstrate no unreasonable restraint of competition in a relevant market.
Appellant’s final antitrust allegation involves only the UPLC and Ticer. Appellant alleges that the UPLC and Ticer were part of a conspiracy to fix the price of representation in insurance negotiations and to preclude Appellant and other insurance adjusters from competing in interstate commerce. The only specific averment of a possible agreement between UPLC and Ticer involves the institution of the suit against Appellant for the unauthorized practice of law. The UPLC is a state agency, Krempp v. Dobbs, 775 F.2d 1319, 1321 n. 1 (5th Cir.1985), that is authorized to pursue actions against those allegedly engaged in the unauthorized practice of law. Texas Gov’t Code Ann. § 81.102(a) (West 1988). Ticer was the agency’s counsel in the action against Appellant. Accordingly, Ticer and the UPLC are immune from an antitrust suit under the state action doctrine. See Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943); Benton, Benton & Benton v. Louisiana Pub. Facilities Auth., 897 F.2d 198 (5th Cir.1990), cert., denied, 499 U.S. 975, 111 S.Ct. 1619, 113 L.Ed.2d 717 (1991).
IV. Monetary Damages Under Section 1983
Green asserts claims for monetary damages under 42 U.S.C. § 1983 against all defendants. To state a cause of action under § 1983, Appellant must allege that some person, acting under state or territorial law, has deprived him of a federal right. Gomez v. Toledo, 446 U.S. 635, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Auster Oil & Gas, Inc. v. Stream, 764 F.2d 381, 387 (5th Cir.1985), cert. denied, 488 U.S. 848, 109 S.Ct. 129, 102 L.Ed.2d 102 (1988).
A. UPLC, Blume and Ticer
The Eleventh Amendment generally divests federal courts of jurisdiction to entertain suits directed against states. Port Auth. Trans-Hudson Corp. v. Feeney, 495 U.S. 299, 304, 110 S.Ct. 1868, 1871, 109 L.Ed.2d 264 (1990). That amendment may not be evaded by suing state employees in their official capacity because such an indirect pleading device remains in essence a claim upon the state treasury. Stem v. Abeam, 908 F.2d 1, 3 (5th Cir.1990), cert, denied, 498 U.S. 1069, 111 S.Ct. 788, 112 L.Ed.2d 850 (1991). State officials sued in their official capacity are not deemed “persons” subject to suit within the meaning of § 1983. Id. at 4. Accordingly, Appellant’s[*1088] claims under § 1988 against the UPLC, a state agency, and Blume and Ticer in their official capacities, must be dismissed.
B. Ticer
Appellant alleges that Ticer caused a temporary restraining order to be issued under Texas Government Code § 81.102(a) in violation of his constitutional rights. Appellant also asserts that Ticer had the state district court issue a temporary injunction without giving him notice. Finally, Appellant alleges that Ticer used his position as legal counsel for the UPLC to attempt to interfere with Appellant’s business.
In Imbler v. Pachtman, 424 U.S. 409, 96 5.Ct. 984, 47 L.Ed.2d 128 (1976), the Supreme Court held that prosecutors were absolutely immune from damages claims arising out of their activities. The Court reasoned that the need for absolute immunity arose from the “concern that harassment by unfounded litigation would cause a deflection of the prosecutor’s energies from his public duties, and the possibility that he would shade his decisions instead of exercising the independence of judgment required by his public trust.” Id. at 423, 96 S.Ct. at 991. The Supreme Court, applying a functional approach to the scope of immunity, extended absolute immunity to agency officials in the administrative adjudication process. See Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978).
Section 81.102(a), [6] was “enacted in the interest of public welfare and safety for the purpose of prohibiting the practice of law by unqualified and unlicensed persons under the State’s police power.” Palmer v. Unauthorized Practice Comm. of State Bar, 438 S.W.2d 374 (Tex.Civ.App.1969). Section 81.104 of the Texas Code authorizes the UPLC to file suit to seek the elimination of the unauthorized practice of law. We are persuaded that the duties performed by Ticer are analogous to those of public prosecutors and agency officials in the administrative adjudication process. When Ticer prosecuted the UPLC’s action in state court, he was undeniably performing a public service, and accordingly, the Supreme Court’s reasoning for the necessity of absolute immunity is equally applicable to Ticer’s position. Thus, we hold that Ticer, as legal counsel for the UPLC, [7] is entitled to the protection of absolute immunity. The claims against Ticer in his individual capacity must be dismissed. [8]
C. The Remaining Defendants
The remaining defendants are not state actors. A private party may be held liable under § 1983 if he or she is a “willful participant in joint activity with the state or its agents.” Adickes v. S.H. Kress & Co., 398 U.S. 144, 152, 90 S.Ct. 1598, 1606, 26 L.Ed.2d 142 (1970). Appellant has failed to aver facts that suggest that an agreement existed among the state and private actors to deprive him of his constitutional rights. [9]
[*1089] V. Section 1985 Claims
A. All Defendants
Appellant alleges a claim under 42 U.S.C. § 1985(3) against all defendants. To state a claim under § 1985(3), Appellant must allege that two or more persons conspired to directly, or indirectly, deprive him of the equal protection of the laws or equal privileges and immunities under the laws. Again, Appellant has failed to allege facts that suggest an agreement among the parties. The only connection among the parties is their participation in the state court proceedings. These facts are insufficient to establish an agreement to commit a deprivation of Appellant’s equal protection of the laws and equal privileges and immunities under the laws in violation of § 1985(3).
B. State Farm
Appellant’s § Í985 claim against State Farm arises from a different set of facts from his other federal claims. On January 30, 1991, Appellant was operating a motor vehicle in Dallas County, Texas when a vehicle driven by a person insured by State Farm struck him and several other vehicles. Appellant presented a claim for his damages to State Farm and was denied coverage. Appellant alleges that State Farm refused to honor his claim solely on the basis of race in violation of 42 U.S.C. § 1985(3). Appellant’s claim is asserted only against State Farm for denying his accident claim. Appellant has failed to plead an essential ingredient of a § 1985(3) claim — participation by two or more persons. Accordingly, we must dismiss Appellant’s claim against State Farm under § 1985(3).
VI. Additional Claims
Appellant’s remaining claims include a constitutional challenge to § 81.101 and a claim under 42 U.S.C. § 1986 against James Blume. Appellant argues that the district court failed to address these issues. Appellant’s only reference to these arguments is in his summary of the argument section. A party who inadequately briefs an issue is considered to have abandoned the claim. Marple v. Kurzweg, 902 F.2d 397, 399 n. 2 (5th Cir.1990). Accordingly, we need not address these issues. [10]
CONCLUSION
For the foregoing reasons, we affirm the district court’s dismissal of Appellant’s claims under Rule 12(b)(6).
AFFIRMED.
. Appellant is African-American.
. Section 1981 provides:
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and properly as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
. Effective November 21, 1991, § 1981 was amended, and that amendment statutorily overruled Patterson. The Supreme Court held in Rivers v. Roadway Express, Inc., - U.S. -, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994), that the Civil Rights Act of 1991, § 101 did not apply retroactively to conduct that occurred prior to its enactment. Although Appellant does not allege a specific date of the alleged conduct by State Farm, it had to occur after February 11, 1991, the day Appellant received his state license, and prior to August 8, 1991, the day the UPLC obtained a temporary restraining order against Appellant. Accordingly, we apply Patterson, the law in force at the time of the alleged wrongful conduct.
. In his original complaint, Appellant failed to specify which section of Title 15 the defendants violated. In his First Amended Complaint, he places all allegations regarding antitrust violations under the heading "ANTITRUST 15 U.S.C. § 1.”
. The First Amended Complaint actually states that "Defendant” conspired to force Appellant to cease doing business. We do not know to which defendant Appellant refers. . We will read, however, the complaint liberally and assume that Appellant refers to all defendants.
. Section 81.102(a) provides:
Except as provided by Subsection (b), a person may not practice law in this state unless the person is a member of the state bar.
. That Ticer is a private practice attorney appointed to prosecute this case is irrelevant to our analysis. See, e.g., Hollowell v. Gravett, 703 F.Supp. 761 (E.D.Ark.1988) (holding that a private practice attorney retained to prosecute civil service disciplinary proceeding was entitled to absolute prosecutorial immunity); Voytko v. Ramada Inn of Atlantic City, 445 F.Supp. 315 (D.N.J.1978) (private practice attorney appointed to prosecute a case is entitled to absolute immunity).
. Appellant also alleges that Ticer violated § 1985(3) by attempting to interfere with Appellant’s business. Appellant does not allege, however, that Ticer's actions were motivated solely by Appellant's race. Thus, Appellant fails to assert an essential element of a § 1985(3) claim. See Slavin v. Curry, 574 F.2d 1256, 1262 (5th Cir.1978), modified on other grounds, 583 F.2d 779 (5th Cir.1978), overruled on other grounds, Sparks v. Duval County Ranch Co., 604 F.2d 976 (5th Cir.1979) (en banc), aff'd 449 U.S. 24, 101 S.Ct. 183, 66 L.Ed.2d 185 (1980).
. Green makes much of a meeting held by the UPLC in which sixteen non-minority attorneys, one African-American believed to be an attorney and one Hispanic lady believed to be a representative of State Farm attended. Green alleges that the African-American attorney left the meeting shortly after it began. Other than the State Farm representative, none of the other participants are identified. For us to find that these facts alone are sufficient to establish a claim of conspiracy to deprive Appellant of his civil rights belies the definition of “inference.”
. Appellant also asserts a vague claim for violation of Art. 21.21 of the Texas Insurance Code. It too is inadequately briefed. See Appellant's Brief pp. 3, 7, 12 and 13.